lu 
 
Cornell University Library 
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 The civil government of '"J.J sf-f**;?,!]'' 
 
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 http://www.archive.org/details/cu31924019886625 
 
THE 
 
 CIVIL GOVERNMENT 
 
 OE THE STATES, 
 
 AUD THE 
 
 CONSTITUTIONAL HI8T0EY 
 
 OF THE 
 
 UNITED STATES. 
 
 , 
 
 By P.*^ CUDMORE, Esq., 
 
 Cotinsbi.lor-at-Law, 
 AutTwr of the '■'■Irish Hep^ublie," etc., etc. 
 
 New Tore: 
 PUBLISHED BY P. CUDMORE, No. 5 BARCLAY STREET. 
 
 1875. 
 
id H:i ff? 
 
 Entered according tp Act of Congress, in the year 1875, 
 
 By p. CUDMORE, 
 
 In the Office of the Librarian of Congress, at Washington. 
 
DEDICATION. 
 
 TO THE MEMOKY 
 
 OF THE 
 
 Tathees of the Oonstitxttion of the UiaTED States of Ameeica, 
 
 AND THE 
 
 Advocates of Libeett, 
 this toltjme is most eespectfully dedicated 
 
 BY THE 
 
 AUTHOR. 
 
PREFACE. 
 
 The object of the author has been to condense into one volume the 
 Colonial, General, and Constitutional History of the United States. 
 This volume is a digest of the writings and speeches of the fathers 
 of the Constitution of the United States, eminent American and 
 foreign Jurists, the journals and annals of Congress, the Congressional 
 Globe, the General History of the United States, the Statutes of the 
 several States, the Statutes of the United States, the Decisions 
 of the Supreme Courts of the several States, the Opinions of the 
 Attorneys Generail of the United States, and the Decisions of the 
 Supreme Court of the United States ; of extracts from De Tocqueville, the 
 Madison Papers, the " Federalist," "Elliott's Debates,'' the writings of 
 Jefferson, Adams, Hamilton, and Vattel, and of extracts from Jefferson, and 
 other eminent authors on parliamentary law. The platforms of political 
 parties are also given. The chapters on Colonial History and Civil Gov- 
 ernment will be found, at this time especially, instructive and useful. 
 The author most respectfully hopes that this work will be welcomed by 
 the legal profession, the press, and the statesmen of America. The quota- 
 tions from the several authors are given in the language of the authors 
 themselves. Those who wish to understand the structure of the Gov- 
 ernment of the United States (State and Federal), will find this volume a 
 useful, reliable, and convenient manual and book of facts and reference. 
 
 The causes and consequences of the recent American Civil War are 
 given. The history of Land Grants, the Homestead Law, and the laws 
 pertaining to aliens and naturalization, will be found instructive. The 
 author has studiously endeavored to make this work a useful treatise on 
 our complex form of Government, including Colonial, State, Federal, 
 Tenitorial, County, Town, and Parish. 
 
 For the terms of office of Governors and Members of the State Legisla- 
 tures mentioned in this book, the reader is referred to the Constitutions 
 of the several States as they were in 1848. 
 
 New Toek, July, 1875. 
 
THE ClYIL GOYERNMEKT OF THE STATES, 
 
 AUD THE 
 
 COI^STITUTIOML HISTORY 
 
 OP THE 
 
 UNITED STATES. 
 
 CHAPTER I.— COLONIAL HISTORY. 
 
 The first settlement of Englishmen in North America was attempted in 
 the reign of Queen Elizabeth. Her first patent was to Sir Humphrey Gil- 
 bert in 1578. An abortive attempt to settle a colony in Virginia was made 
 by Sir "Walter Raleigh, in this reiga under a transfer of Gilbert's patent. In 
 the year 1603 one hundred and ten years after the discovery of the Ifew 
 World, there was not an Englishman in America. In 1606, the Spaniards 
 had established posts in Florida, and the French had settlements in New 
 France, afterwards named Canada. 
 
 James I of England, who succeeded Elizabeth, by an. ordinance, April 10, 
 1606, divided all of North America lying between 34 and 45 degrees of lat- 
 itude into two districts. The first district was called Southern Virginia ; 
 and the second, Northern Virginia (Plymouth Colony) which was changed 
 to New England. 
 
 Southern Virginia was granted to the London company in 1607, by James 
 I, and Northern Virginia, (Plymouth Colony) or New England was granted 
 to the Plymouth company November 3,1630, composed "of forty noblemen, 
 knights and gentlemen, called the council," established at Plymouth, in the 
 county of Devon, for the planting, ruling, and governing New England in 
 America, with the Earl of Warwick as head of the corporation. 
 
 South Virginia extended from the parallel of 34 to 40 degrees, and from 
 the Atlantic to the Pacific. The first settlement, under the Grant to the 
 London company, was made at Jamestown, Virginia, in 1607. The 
 management of the colony was given to Christopher Newport and Captain 
 John Smith. "The general superintendence of the colonies was vested in 
 a Council, resident in England, named by the king, and subject to all 
 orders and decrees under the sign manual ; and the local jurisdiction was 
 intrusted to a Council also named by the king, and subject to his instruc- 
 tions which was to reside in the colonies. Under these auspices, commenced, 
 in 1607, the first permanent settlement in Virginia." — Moore's Int. to the 
 lives of Govs. Ply. & Mass. p. 9. In 1607, a new charter was granted 
 to the company. The colony was to be governed by a governor and coun- 
 cil. This was a close corporation. The aristocracy of England, at this 
 period of English history, had little respect for the people. Indeed the idea 
 
6 CrVIL GOTEENMENT OF THE STATES. 
 
 of a government of the people was repugnant to the aristocracy or wealthy 
 classes of England. The governor was appointed by the Company. — Quack- 
 enbos, 73. The people of England had no idea of a Town Meeting as a 
 body politic or a town meeting-^" where the people met in their aggregate 
 capacity to elect local officers." For in England, the country was divided 
 into counties, which were represented by Knights elected, generally, by 
 the land owners. There were also certain boroughs represented by bur- 
 gesses, generally, representing the mercantile interests. The idea of the 
 people meeting in their collective capacity, as in the Republics of 
 Greece, was unknown in England. — Blackstone, vol. i, pp. 159-160. 
 In 1619, the people of Virginia were able to obtain a voice_ in 
 the government of the colony. Virginia colony was divided into 
 eleven boroughs; and two members from each borough formed the 
 House of Burgesses, in imitation of the British House of Commons. This 
 assembly was the first house of representatives in America. — Quack. 76. As 
 the people were poor and lived in log-cabins they did not think of forming 
 a House of Lords. It might be here remarked that the Southern Colonies 
 followed the institutions and laws of old England which suited their wants 
 and condition. That the people of all the colonies borrowed their laws 
 from the English model, except the Puritans of New England, who followed 
 the laws of Moses — the Bible was the basis of their laws and govern- 
 ment. — Moore's Lives Govs. Mass. 77. And as the colonists of Virginia 
 were of the Church of England, they established parishes and maintained 
 the clergy with tithes as in England. 
 
 Slaves were brought to Virginia in a Dutch man-of-war. The crown of 
 England became jealous of the extensive powers and territory of the London 
 company. And at last King James I dissolved this great monopoly — this 
 overgrown corporation. The executive powers were in this corporation. 
 King Charles I recognized the authority of the Assembly of Virginia. And 
 as the struggle in England was between Charles and the Parliament — the 
 latter being Puritans, and the former of the Church of England, Virginia 
 took part with the king. . The authorities banished all who would not use 
 the liturgy of the Church of England. So Virginians, as well as the Puritans 
 
 ^were intolerant — both established church and state. — Quack. 101. We 
 see an antagonism between the South and New England when both held 
 slaves. In 1758, the legislature of Virginia passed an act that the people 
 might commute for the tobacco, in money, a tribute which had to be paid 
 to the ministers of the Church of England. For in the early days of the 
 colony tobacco was the usual currency ; for nearly all payments were made in 
 tobacco, as afterwards in the Western States, men had to take what was then 
 called "store pay," that is, an order on a store for goods. Virginia, in a 
 great measure, retained the old English aristocratic customs and prejudices 
 of caste. The land holders, as in the old country, in that age, were the 
 aristocracy. They were called the upper class, and the landless the lower 
 class. The upper class was principally attached to the crown. The 
 people of the South and of New England were dissimilar in politics, 
 religion, manners and customs — they were not of the same race. The 
 Virginians were the descendants of the Normans — '^ Cavaliers;" and. the 
 Puritans of the Saxons, or '■^Soundheads." The colony of Virginia 
 restricted the right of suflrage to householders ; and made the English 
 church the state church. And it compelled attendance at the wor- 
 ship of this church under penalty of twenty pounds. Penal laws 
 were passed against Quakers and Baptists. The colonial legislature and 
 Governor Berkeley were the embodiment of despotism. Berkely is reported 
 
 to have said, "I thank God that there are no free schools or printing, and 
 
CONSTITUTIONAL HISTORY OF tTNITED STATES. 7 
 
 I hope that we shall not have them these hundred years ! " This was the 
 status of the colonial legislature of Virginia until Bacon's rebellion, in 1776, 
 when the old intolerant legislature was dissolved and a more liberal one 
 elected. The governors of the colony were appointed by the king.i 
 
 The Carolinas — North Carolina. 
 The Carolinas were settled under the auspices of Charles II, of England, 
 The colony was grantei^, in 1663, to Edward Clarendon, Lord Albemarle, 
 the Earl of Shaftesbury and others. The people established a House of 
 Representatives. A short time after this, the colony was divided into Korth 
 and South Carolina. In 1689, North Carolina banished her proprietary 
 Governor. — Willard, p. 130. 
 
 South Carolina. 
 In 1685, the French Hu-gue-nots, or French Protestants, settled in South 
 Carolina. Governor Colleton was sent over from England, by the proprietors 
 of the colony to govern the people. He was opposed by the Assembly of 
 the people, and finally banished from the colony, in the reign of William 
 and Mary. — Quack, p. 120. So the people of the Carolinas, dressed in 
 "homespun and deer-skins," were considered the "freest of the free." 
 They could not yield to the despotism of the proprietary governors. They 
 wanted to rule themselves. They wanted a home governor. 
 
 Maryland. 
 (After the Queen, Henrietta Maria of France.) Maryland, though a part of 
 the territory granted to the London company, was granted to George Cal- 
 vert, Lord Baltimore, in 1633. Though a Lord, he was democratic in 
 principle. His son Cecil granted liberty of conscience to all men. The 
 first settlement of the colony was made at the village of St. Mary's. ' ' Mary- 
 land was the first to proclaim universal suffrage, and to introduce the most 
 democratic forms into the conduct of the government." — De Tocqueville 
 p. 33. Maryland was settled principally by Catholic Irish who granted 
 liberty of conscience to all who believed in Jesus Christ. The majority of 
 the settlers were Irish Catholics. Maryland was a refuge for all who fled 
 from religious persecution from Europe, New England, and Virginia. The 
 people met in one assembly and voted. Every freeman had a vote without 
 religious or property test. The assembly was composed of members chosen 
 by the people. At first the legislature was composed of one house, but 
 afterwards of two houses. The Upper House was chosen by the proprietors, 
 and the Lower House by the people. The Protestants, who flocked from 
 persecution and took refuge in Maryland, soon obtained a majority, and 
 strange to say persecuted the Catholics. 
 
 Delaware. 
 The colony of Delaware was founded by Swedes and Fins. It was con- 
 quered by the Dutch ; and brought under the dominion of New Nether- 
 lands, the name given to the Dutch colony in North America. The 
 colonists remained quietly under the Dutch Government and with the 
 Dutch passed under the dominion of England, in 1664. 
 
 New York. 
 In 1635, Peter Minnets bought the whole Island of Manhattan from the 
 Indians for $34. The Dutch built the city of New Amsterdam, now New 
 York. The Hollanders settled on Long Island, Staten Island, and New 
 
8 CITIt GOVERNMENT OP THE STATES. 
 
 Jersey. The colony was under the control of the home government and 
 the governors of New York. The Governors of New Netherland were, 
 military governors; the people had no voice in this military despotism. 
 The will of the governor of the garrison was supreme. At length de- 
 puties from the Dutch villages met in Assembly, and th?y demanded a 
 government of the people. The government would not concede to their 
 demands. The Dutch had no ii^a of a town meeting. In 1664, New 
 Netherlands fell under the dominion of England, and it was called New 
 York, in honor of the Duke of York, afterwards King James II, of Eng- 
 land. The power of Holland ended in North America. 
 
 New Jersey. 
 In 1664, the region between the Hudson and the Delaware was granted to 
 Berkeley and Carteret, and was called New Jersey. The people established 
 a colonial Assembly. The early settlers were Quakers and Dutch. 
 
 Pennsylvania. 
 The Quakers, goaded by persecution in their native England, sought the 
 wilds of America, and settled in New Jersey, in 1675. The early settlers 
 of New Jersey were Quakers and Dutch. In 1681, William Penn obtained from 
 Charles 11 a tract of land west of the Delaware, which was called Pennsyl- 
 vania, or the woody land of Penn. Within this- territory were settlements 
 of Dutch and Swedes. The spot where now stands the city of Philadelphia 
 was purchased by Penn from the Swedes. Penn also purchased the good- 
 will of the Indians. The people who emigrated to Pennsylvania with Penn 
 were Englishmen. They followed the institutions of England, so far as 
 they were suitable to their condition and circumstances. They divided the 
 colony into counties, the same as in England. Six members were chosen 
 annually from each county to the Assembly or Legislature. The people 
 were represented in the Assembly. They had no idea of a town meeting, as 
 a local government. All freemen had a vote who believed in God and kept 
 the Lord's day holy. Murder alone was punished with death. — Quackenbos 
 124. Penn was proprietary governor. 
 
 Georgia. 
 In 1733, James Oglethorpe, a member of the British Parliament, obtained 
 from George II a charter of the country west of the Savannah river. 
 Oglethorpe was the proprietary governor. In 1753, the trustees resigned 
 Oglethorpe's charter to the king. The Kings of England were willing 
 enough, at first, to grant large tracts of country to favorites with a view to 
 settlement. They allowed their favorites to exercise supreme authority 
 while the settlements contained but a few persons, who had to contend 
 with poverty, famine and the savages. But when the colonies became pop- 
 ulous and the people had money and property to be taxed, the kings became 
 jealous and wished to revoke the charters and take the government of the 
 colonies under their immediate control and authority. Moreover, they 
 dreaded the vleob of self -government which was making such rapid strides in 
 the colonies. They wished to have governors over the colonies chosen by 
 the crown. From the moment that the Kings of England revoked or com- 
 pelled the colonies to surrender their charters, we may date the struggle for 
 independence, which increased in intensity as the colonies acquired wealth, 
 intelligence and population. The colonists were thrown on their own re- 
 sources on the wild shores of America, to contend with poverty, famine 
 and hostile Indians. In the stern school of adversity they learned the 
 
CONSTirtTTIONAL HISTORY OF UNITED STATES. 9 
 
 science of self-government. While in their log-cabins, dressed in home- 
 spun and deer-skins, they lost respect for royalty and aristocracy. The 
 youth born and educated in the colonies, in the wilds of the forest, in con- 
 tact with the "free and independent Redrawn," disdained not only the gov- 
 ernors sent over by England, but all manner of royalty and aristocracy. 
 Thus, we see that the Southern States were settled by a. very different class 
 of Englishmen from those who settled New England, while the inhabitants 
 of the Middle States of New York, New Jersey, Delaware, Pennsylvania,- 
 and Maryland differed from both, they being made up of different nation- 
 alities and religions. 
 
 CHAPTER II.— NEW ENGLAND. 
 
 The first settlement of New England was made by the Puritans, 
 a peculiar people, who dissented from the Church of England, "as 
 hy law estdblisJied," in 1603, in the reign of James I, King of England. 
 They formed an independent congregation. They elected their 
 own minister. Richard Clifton and James Robinson were chosen. — 
 Moore's Lives Govs. Ply. and Mass. p. 13. Persecution was the order of the 
 times. Archbishop BanchToft and Laud, of Canterbury, persecuted the 
 Puritans with unrelenting severity and cruelty. Exposed to all the rigor of 
 English penal laws, which the British government could enforce, the Puritans 
 were compelled to leave their homes in their native land, and seek new homes 
 in foreign countries. Robinson and his congregation fled from the cruel laws 
 of England and took refuge in Holland, in 1609. In consequence of the war 
 between Spain and Holland the Puritans resolved on emigrating to A merica, 
 where they would be free to retain their religion, laws, customs and language 
 unmolested. They considered themselves in the like situation as the Israel- 
 ites, and did not want to mis with any other people or religion. They feared 
 that if they should remain in Holland their people would become absorbed 
 in a foreign nation. — Ibid. 14. In 1617, Robert Chushman and John Carver 
 were sent to England to negotiate with the London company with a view 
 to settle in Virginia, and also to ascertain if the king would grant liberty 
 of conscience. Though the king promised that he would not molest them, 
 he refused to grant them, by public authority under the seals, liberty of 
 conscience. After some negotiations with the London company of Vir- 
 ginia a patent was obtained under the company's seal, in the name of John 
 Wincomb, who was to accompany the Puritans to America. — Ban- 
 croft, vol. i, p. 305. This patent and the proposals of a London mer- 
 chant, named Thomas Weston, were carried to London, in 1619, for the 
 consideration of the Puritan congregation. November 3, 1630, a 
 territory, extending from 40 to 48 degrees of North latitude 
 and from the Atlantic to the Pacific, was granted to a company of 
 forty persons, with the Earl of Warwick at its head, by James I. This 
 patent is the basis of all subsequent grants, patents or charters of New 
 England. — Moore's Govs. Ply. and Mass. 10. The company had full control 
 over this vast territory, subject to the authority of the king. Meantime, iu 
 1630, Weston went to Leyden, Holland, and the Puritans entered into an 
 aoreement with him, that he should supply them with money and shipping 
 to take them to America. The Speedwell, commanded by Capt. Reynolds, 
 and the Mayflower by Capt. Jones, sailed for America. Both ships had put 
 to sea, but the Speedwell was unfit for the voyage, and on September, 1630, 
 
10 CmL GOVEBNMENT OF THE STATES. 
 
 the Mayflower, with one hundred and one passengers, besides the ship's 
 officers and crew, sailed for America, with the intention to settle within 
 the jurisdiction of the Virginia Company, on the Hudson river. But they 
 were driven further north by the winds and perils of the sea, and by force of 
 necessity they landed on Plymouth Bock. 
 
 As many New England orators and public men claim that their ancestors 
 came over in the Mayflmoer, we give the following for their benefit : 
 
 The names of the subscribers are placed in the following order, those 
 who brought wives, marked with a dagger (t), and those who died before 
 the end of the next March, distinguished by an asterisk (*). 
 
 1. Mr. John Carver, t - " - - - - 8 
 
 3. Mr. "William Bradford, t - - - - - - 2 
 
 3. Mr. Edward Winslow, f - - - - 5 
 
 4. Mr. William Brewster, t- - - - - -6 
 
 5. Mr. Isaac Allerton, t ..... 6 
 
 6. Capt. Miles Standish, t- - - - - -3 
 
 7. John Alden, ---.-.-i 
 
 8. Mr. Samuel Fuller, - - . . . - 2 
 
 9. * Mr. Christopher Martin, t - - - • - 4 
 
 10. * Mr. ■William Mullins, t 5 
 
 11. * Mr. William White, t (1) 5 
 
 12. Mr. Richard Warren, . -. . - - 1 
 
 13. John Howland, (2) 
 
 14. Mr. Stephen Hopkins, t- - - - . - 8 
 
 15. * Edward Tilly, t - - - - . - - 4 
 
 16. * John Tilly, t 3 
 
 17. Francis Cook, --.... .3 
 
 18. * Thomas Rogers, ---... 3 
 
 19. * Thomas Tinker, t 3 
 
 20. * John Ridgdale, t 3 
 
 31. * Edward Puller, t - - - - - - .3 
 
 32. * John Turner, ----... 3 
 28. Francis Eaton, t- --...3 
 
 24. * James Chilton, t - .... 3 
 
 25. * John Crackston, (3) - - . . . .3 
 
 26. John Billington, f- -'. - - - 4 
 
 27. * Moses Fletcher, ----... 1 
 
 28. * John Goodman, ----... \ 
 
 29. * Degory Priest, (4) . - - . . . .1 
 
 30. * Thomas Williams, --.... 1 
 
 31. Gilbert Winslow, ---... 1 
 
 33. * Edmund Margeson, - - . . . 1 
 
 33. Peter Brown, ----... i 
 
 34. * Richard Britlerige, ..... 1 
 
 35. George Soule, (5) 
 
 36. * Richard Clarke, ---.... j 
 87. Richard Gardiner, ------ 1 
 
 38. * John Allerton 
 
 39. * Thomas English, 
 
 40. Edward Dotey, (6) - 
 
 41. Edward Leister, (6) 
 
 Total persons - - . . . jqI 
 
 Of whom were subscribers to the compact - - 41 
 
CONSTITUTIONAIi niSTOnT OF UNITED STATES. 11 
 
 (1) Besides a son born in Cape Cod Harbor, named Peregrine. 
 
 (2) Of Governor Carver's family. 
 
 (8) Morton writes his name Craxton. 
 
 (4) In Morton, Digery Priest. 
 
 (5) Of Governor Winslow's family. 
 
 (6) Of Mr. Hopkins' family." 
 
 (Moore's lives Gov. Ply. & Mass. page 26.) 
 
 The Virginia patent was useless, as they had settled without the juris- 
 diction of the London company, and within the limits of the Plymouth 
 company. They had no authority from any government or power. They 
 were reduced to a state of nature and could establish a government for 
 themselves. They had no protection from the government of England, 
 but were treated as persons outside the pale of the British laws. Being 
 reduced to a state of nature, they were free to make laws for their own 
 protection and safety. They claimed the right to choose their own govern- 
 ment and make their own la,ws.— Vide Vattel's Law of Nations, Book i, 
 chap. 4. pp. 17, 18, 19, 30, 31, 33. Blackstone's Comm. vol. i, page 345; 
 1 Kent's Comm. pp. 308, 309. The emigrants to New England and the 
 other colonies had this advantage that they had "neither lords nor common 
 people, neither rich nor poor." 
 
 On the voyage one man died, and a boy, the son of Stephen Hopkins, was 
 bom — called Oceanus. November 10, 1630, the Mayflower anchored in the 
 harbor of Cape Cod 43 degrees north latitude, within the territory of New 
 Plymouth. Here the first Englishman, Peregrine White, was born in the 
 colony, on board of the Mayflower, in Cape Cod harbor, Nov. 1620. The 
 last survivor of those who came over in the Mayflower was Mary Church- 
 man, daughter of Isaac Allerton. The Pilgrims met in the cabin of the 
 Mayflower and drew up articles of association. This may be called the first 
 convention in the United States. These articles were a constitution for the 
 government of the colony. At this meeting, they pledged themselves to 
 be governed by the rule of the majority — "to submit to such government 
 and governors, as we should by common consent agree to make and choose." 
 The Puritans were opposed to monarchy, so thought King James I in 1604, 
 when he said of the Puritans, " You are aiming at a Scots presbytery, which 
 agrees with monarchy as well as God with the devil ! I will have none of 
 that liberty as to ceremonies." — Bancroft, vol. i, p. 398 ; Neal, ii, 53 ; Moore's 
 Lives Govs. Ply & Mass. p. 34, with notes. After this compact was signed, 
 John Carver was elected governor, by a unanimous vote,for one year. This was 
 the first government of the people in America, where the people made their 
 own laws, elected their own officers, civil, military and ecclesiastical, without 
 patent, grant, charter or authority from any king or power in the world. 
 This was establishing a democratic government in the wilds of America. 
 The Puritan clergy were elected by the congregation. The Puritans were 
 a joint-stock company. They mortgaged their labor to London merchants 
 who supplied them with means to emigrate to America. They had to work 
 on the credit system. The London merchants who supplied the Puritans 
 with ships and money had a monopoly of the trade of the colony. They were 
 adventurers. They were also shareholders in the colony. They relinquished 
 all their rights to the colony for £1,800 sterling. There was no oath of 
 office required of John Carver, as he had no patronage. There was no 
 danger of political corruption. The politicians did not get rich on the 
 people's money. The people were poor, frugal, and they possessed a 
 stern and unflinching honesty. They did not want idlers ; they de- 
 spised " a proud heart, a dainty tooth, a beggar's purse, and an idle hand." 
 
13 CIVIL GOVEENMENT OF THE STATES. 
 
 From the nature of their compact, being a joint-stock company, thpy 
 established a community of goods. They planted one field in common 
 with corn ; they found the seed in an Indian mound. All had to work, 
 even the governor of the colony. They worked like bees. They had no 
 drones in the hive. Oh, shades of the Puritans!! no Long Branch for the 
 government to live in kingly style ! ! ! 
 
 While every man worked in common, the people suffered great priva- 
 tions, and in some instances suffered from famine — at one time they were 
 so far reduced as to live on five grains of parched corn each daily. They 
 would have perished only for the supply of fish. They had to share with the 
 new emigrants who came to the colony. In 1633, Governor Bradford is re- 
 ported to have said, "By the time our corn is planted, our victuals are 
 spent ; not knowing at night where to have a bit in the morning, and have 
 neither bread nor com for three or four months together." — Moore 68. Such 
 was the state of the colony during the time they had a community of goods. 
 So the colonists, in violation of their agreements with the London ad- 
 venturers afore-mentioned, in the spring of 1633, agreed that every "family 
 should plant for themselves, on such ground as should be assigned to them 
 by lot." 
 
 They had but one boat in the whole colony, and parties of seven men fish- 
 ed in their turn for the benefit of the whole colony ; when a deer was killed 
 it was divided among the whole people of the congregation or colony. The 
 people, while a community of goods lasted, lived whole days on fish and 
 ground-nuts ! They were in debt and had to pay 30 per cent, per annum for 
 money. But after every man was able to work for himself, industry was en- 
 couraged, and the people of the colony, in 1639, were free from the debt they 
 owed the London adventurers, and they were freemen ! So much for 
 communism. There never was a time, since Adam was expelled from Eden, 
 more favorable than this to try the experiment of a community of goods, as 
 the Puritans were all of one nation, religion, manners, customs, and habits 
 and spoke the same language. They were as one family. They were one 
 congregation — all governed by public opinion and religion. They were as 
 one family. Yet while they were one corporation — all one partnership con- 
 cern — all possessing a community of goods, they were in a state of starvation. 
 But when every man was for himself, they soon paid off the debt of the 
 colony and sent for their friends to Holland. 
 
 The pilgrims followed the example of the Jews — like them they claimed 
 to be the chosen of the Lord. They united church and state. The govern- 
 ment of the colony was composed of the church and the congregation. — 
 Moore's lives. Govs. Ply. & Mass, 284, 389, 390, 291, 800, 818. The 
 governor was elected by the people, in town meeting, the same as we now 
 elect Town Officers. The whole body of the people or congregation elected 
 their own ofiicers, and transacted all business pertaining to the church and 
 the state. "While Governor Carver lived, the whole people had a vote. Both 
 clergy and congregation, with the governor as chairman, met in one as- 
 sembly, like the Greek Republics, and made laws and regulations for the 
 colony. The town meeting was both court and legislature. The governor 
 possessed no power but that of a magistrate. He could arrest criminals, 
 but they were tried before the whole body of the people, as judicial and 
 legislative power was then vested in the whole body of the people in town 
 meeting. The governor presided the same as the foreman of a Grand Jury. 
 He was the sole executive officer of the colony. He had no patronage, as 
 he had neither the power to nominate or appoint to office. All officers, 
 civil, religious and military, were elected by the people. The governor was 
 moderator and with his deputies presided at town meetings — voting was 
 
CONSTITUTIONAL HISTOEY OF UNITED STATES. 13 
 
 by ballot. In time, the franchise was confined to freemen, w.ho had taken 
 a freeman's oath. There was no distinction or exemption from military 
 duty— all had to stand "watch," even the clergy. The highest military 
 officer in the colony was Captain Miles Standish. The town was impaled, 
 and cannon planted on the roof of the church. The people met in town 
 
 meeting on a common plain. It was an assembly of the sovereign people 
 
 for sovereignty was in the people ; for they acknowledged no higher law-mak- 
 ing power. " They perpetually exercised the rights of sovereignty; they 
 named their magistrates, concluded peace or declared war, made police reg- 
 ulations, and enacted laws as if their allegiance was due only to God." — 
 De Tocqueville, p. 19. 
 
 For the English laws were repudiated, in 1636, by the declaration in the 
 cabin of the Mayflower. New Plymouth entered upon the record, Novem- 
 ber 15, 1636, that '■'■the authority of the English law's, '■at present or to come'' 
 is expressly renounced and Parliament denied the right of legislating for the 
 colony." This was perfectly right as the Puritans were denied the protec- 
 tion of the King of England. They were reduced to a state of nature, and 
 were free to make laws for themselves. — Vattel's Law of Nations, book i, 
 chapter 4, pp. 17, 18, 19, 20, 21, 22, 23. Kent's Comm., vol. i, pp. 208-9. 
 Blackstone's Comm., vol. i, page 245. Thus the town meeting is the parent 
 of the Colony and the State mass-meetings and constitutional conventions. 
 " The Republic was already established in every township. " — DeTocqueville, 
 38. Governor John Carver was succeeded byWilliam Bradford, in 1621. The 
 first change from the "time-honored town meetings," the fear and dread of 
 kings, a stumbling-block to theKings of England, and the royal governors sent 
 over to govern New England — or the general court, where the whole people 
 assembled for executive, legislative, and judicial business together, was the 
 appointment of an assistant, or deputy governor. In time, the assistants were 
 increased to five and afterwards to seven. The Puritans had no charter of 
 title either from the king or the Plymouth company. The first patent was 
 taken in the name of John Pierce, and the second in the name of William 
 Bradford, in trust for the colony, in 1629. In 1640, Governor Bradford 
 surrendered this patent to the general court — this title was as good as the 
 crown of England could make it. In 1636, the Puritans declared their 
 "lawful right to their lands .4n respect of vacancy, donation, and purchase 
 of the natives." In Bradford's patent was granted the right of fishery 
 in Maine, and a tract of land of fifteen miles on each side of the Kenne- 
 beck river. In the patent was the following enabling clause to empower 
 the colony to " enact such laws as should most benefit a state in its nonage, 
 not rejecting or omitting to observe such of the laws of their native 
 country as would conduce to their good." The patent granted to William 
 Bradford provided "to frame and make orders, ordinances and constitu- 
 tions, etc." In 1634, an important change took place in the colony. The 
 governor and assistants were constituted the judicial court, and afterwards 
 the supreme judiciary of the colony. Tbe government was remodelled. 
 The Executive and Judiciary vested in the governor and seven assistants, 
 the town meeting remaining the assembly or general court. In 1639, the first 
 assembly of the colony met. It was composed of four deputies from the 
 old town of Plymouth, and two from each of the other towns. In 1649, the 
 legislature or general court was composed of members from each town. 
 These deputies to the general court or legislature were chosen from the 
 freemen of each town. 
 
 The towns were governed by town officers called selectmen, who had 
 jurisdiction in civil cases where the amount did not exceed forty shillings, 
 with the right of appeal to the court of assistants. In 1649, the qualification 
 
14 CIVIL GOVERNMENT OF THE STATES. 
 
 of a voter or freeman was that he should be "twenty-one years of age, of a 
 sober and peaceable conversation, orthodox in the fundamentals of religion, 
 and possessed of twenty pounds ratable estate." — Moore's Life of Governor 
 Bradford, p. 75. Prior to 1634, the governor and assistants possessed only 
 the power of magistrates. They could only arrest and bind over criminals 
 to the general court which was the town meeting — they had no civil juris- 
 diction. The general court, in 1636, established a body of organic laws 
 for the colony. November 15, 1636, the people met, and promul- 
 gated a declaration of independence. This was the first American decla- 
 ration of independence. Henceforth the British statutes had no 
 force in the colony, except by the authority of the general court. 
 Indeed from this period we may date the time when acts of parlia- 
 ment passed subsequent to the 15 Nov., 1636, ceased to have force or validity 
 in the colony of Plymouth. It is a nice question whether this declaration 
 did not repudiate all acts of parliament in the colony after the promulgation 
 of this order. — Moore's Governors of New Plymouth, 144. I believe that 
 the courts of Massachusetts, after the union of the two colonies of Massa- 
 chusetts and Plymouth, gave judicial sanction to some acts of parliament, 
 and in time, gave them the force of common law. The clergy of the estab- 
 lished church had great authority in the colony. They were the teachers 
 and the expounders of the law — for as there were no lawyers in the colony, 
 the clergy were the only persons who had a knowledge of the law. But 
 they followed the laws of Moses more than the common law of England. 
 Hence, even to this day, the judges of Massachusetts have interwoven the 
 law of the Bible with the common law of England. — Moore's Life of Gov- 
 ernor Winslow, 118. The clergy of the established church had great 
 influence. The first settlers were well educated, but their children, who 
 had to work like all those who are raised in a new country, — they were not 
 learned. The clergy were supported by private donations, until 1677, when 
 a law was passed compelling the people to support public worship. A law 
 was passed compelling by taxation, without any respect to any particular 
 religion, " the support of the regular congregational ministry," in 1677. — 
 Moore's Lives of Govs. Ply. and Mass., 210. "In 1672, a law was passed 
 establishing the first public school in Plymouth colony." — Ibid. p. 209. In 
 1677, a law was passed, " requiring each town and village, in the colony, to 
 erect, finish, and keep in repair a house for public worship." This was a 
 heavy blow upon the other denominations. The power of the congrega- 
 tional ministry was great. They monopolized the learning of the colony. 
 They held public offices and engaged in business. The Quakers grumbled 
 and were persecuted. 
 
 Massachusetts Coloht. 
 
 A colony of Puritans settled at Salem in 1626, where " they resolved to 
 remain as the Sentinels of Puritanism in the Bay of Massachusetts." The 
 settlement of Massachusetts was, at first, a corporation under a royal patent. 
 In 1634, the first assembly of representatives of deputies from the towns 
 met as a legislature. This was the second house of representatives in the 
 New England colonies. —Moore's Life of Go v. Dudley, 285. This legislature 
 was known as the General Court. In 1636, Connecticut was settled by a 
 colony from Massachusetts. A settlement was made in Hartford, in 1637. 
 In Jan. 14, 1639, the people of "Windsor, Hartford and Wethersfield met at 
 Hartford, and adopted a constitution for the colony, which was the basis 
 of government for one hundred and fifty years.— Moore's Life of Gov. 
 Haynes, 307. This constitution provided that all civil officers be voted for 
 by ballot, by the whole body of freemen. That two sessions of the general 
 
CONSTITUTIONAL HISTORY OF TTNITED STATES. 15 
 
 court or legislature should be holden annually. This was the first, formal con- 
 stitutimal convention in New England. October 7th, 1691, a charter was 
 granted to Massachusetts by "William III, which included Plymouth. This 
 union gave great offence to the people of Plymouth. They complained of Mas- 
 sachusetts, thus : "All the frame o^ heaven moves on one axis, and the whole 
 of New England's interest seems designed to be loaden on one bottom, and 
 her particular motions to be concentric to the Massachusetts tropic." "Few 
 wise men rejoice at their chains. "^-Moore's Governors of Plymouth and 
 Mass., 234. Massachusetts held a monopoly of the offices, and very few of 
 the old residents of Plymouth, called the old colony, got office in the prov- 
 ince of Massachusetts. The Puritans of Massachusetts repudiated the 
 authority of the Church of England. They held that the authority of ordi- 
 nation should not exist in the clergy — that the clergy should be elected. 
 The Governors of Plymouth and Massachusetts, as Justices of the Peace, 
 solemnized marriages. Ministers of the Gospel were not allowed to solemnize 
 marriage until 1692, as they did not want to "bring in the English custom 
 of ministers performing the solemnity of marriage." Governor Winslow was 
 married in Holland by a Dutch magistrate, and. Governor Eichard Belling- 
 ham, in the right of a magistrate, married himself. — Moore's Life Gov. Bel- 
 lingham, 339. It is strange that the Puritans, who fled from English persecu- 
 tion, should themselves turn persecutors. The Puritans would not suffer the 
 idea of toleration — they banished the Quakers as guilty of divers horrid 
 errors. In 1658, a law was passed that "no Quaker, Ranter or any such 
 corrupt person, " should be permitted to be a freeman. All who opposed 
 the Puritans were disabled from holding any office. A vagrant law was 
 passed against Quaker preachers. 
 
 The commissioners of the United Colonies of New England, in 1658, is-, 
 sued a recommendation to the several colonies to put the Quakers to death 
 "unless they publicly renounced their accursed errors." In 1637, Massa- 
 chusetts banished Mrs. Anne Hutchison. In 1644, Massachusetts banished 
 Quakers and made it penal to possess a Quaker book, or to entertain or 
 conceal a Quaker ; if banished Quakers returned they were to have their 
 ears cut off ; a female concealing or entertaining a Quaker was whipped. 
 If the Quaker came back a second time bis tongue was bored with a red- 
 hot iron.— Moore's Governors of Massachusetts, 356. Quakers and members 
 of the Church of England made violent complaints to the government of 
 England against the intolerance of New England. Books and speeches 
 were published in London by both parties. The struggle was kept up 
 by the Puritans. Laws were passed against heresy, in 1646. It was 
 ordered that the Quakers be whipped through the town, tied to a cart, 
 and banished to the nearest town ; if they should return, to be branded 
 on the shoulder. Quakers were executed in 1659. So intolerant were 
 the Puritans, that Governor Thomas Prence requested the Governor of 
 Rhode Island to expel the Quakers from that colony. The Governor of 
 Rhode Island answered: "As concerning these Quakers, who are now 
 among us, we have, no law among us whereby to punish any one for 
 declaring by words, etc., their minds and understanding concerning things 
 and the ways of God, as to salvation and eternal condition. And we more- 
 over find, that in those places where these people in this colony are most 
 of all suffered to declare themselves freely, and are only opposed by argu- 
 ments in discourse, there they least of all desire to come." This answer 
 offended the Puritans, and Rhode Island was excluded from the league 
 of 1643. 
 
 Rhode Islakd. 
 
 Roger Williams, a minister of Salem, Massachusetts, and 18 others entered 
 
16 CIVIL GOVERNMENT OF THE STATES. 
 
 into a contract and founded a civil government. They were bar Aed from 
 Massachusetts for religious belief. They established the governir <^nt of the 
 majority. They held the following principles: "We whose nami ) are un- 
 der written, do hereby solemnly, in the presence of Jehovah, incorpoiate our- 
 selves into a body politic, and as He shall help, will submit our persons, 
 lives, and estates, unto our Lord Jesus Christ, the King of kings, ani Lord 
 of lords, and to all those perfect and absolute laws of his, given in his 
 Holy Word oftruth, to be judged and guided thereby;" The Puritans im- 
 agined that they were the chosen children of God, and, like the Israelites 
 of old, claimed' the divine right to govern, and to banish all from the 
 colony who difiered with them in religion or politics. Governor Winthrop 
 said, " It is yourselves who have called us to this office, and being called by 
 you we have an authority from God." They claimed to be brought to the 
 country from England, as the Israelites were brought from Egypt to the 
 Holy Land. All who were not of the Puritan church had no toleration in 
 the colony. ' ' Let men of God in courts and churches watch o'er such as do a 
 toleration hatch." All who did not belong to the established churcli of 
 the colony of Massachusetts were excluded from office — and were not allowed 
 to vote. Persons of the Church of England petitioned for liberty of 
 conscience, or if that could not be granted, for freedom, from taxes and 
 military services. The Puritans held the argument that all men had liberty 
 to do right, but no liberty to do wrong. "The established clergy had 
 supreme control over the colony of Massachusetts and would not tolerate 
 opposition." — Moore's Govs. Mass., 258. At the restoration of Charles II, in 
 
 1660, the complaints of the anti-Puritans were heard by the king, and in 
 
 1661, he issued his mandamus — " To our trusty and well-beloved John En- 
 decott. Esquire, and to all and every other governor or governors of our 
 plantations of New England, and of all the other colonies thereto belonging,' 
 that now are or hereafter shall be, and to all and every the ministers and 
 officers of our plantations and colonies whatsoever within the continent of 
 New England," which writ forbade further persecution of the Quakers. 
 We may here remark that the Puritans derived their persecuting spirit from 
 England. 
 
 In 1643, the colonies united against the Indians. One of the greatest 
 delusions of the age, and one which the Puritans inherited from their 
 Anglo-Saxon ancestors, was that of witchcraft. It was one of the sad 
 delusions of ignorance and intolerance. The Puritans in the fulness of 
 their zeal hanged witches for the good of their souls, the glory of God and 
 the glory of the colony. In 1656, a sister of Governor Bellingham was 
 executed in Massachusetts on a charge of witchcraft. — Moore's Govs. Mass., 
 344. Vide Cudmore's Irish Republic, p. 304. As early as 1634, the 
 government of England wished to establish a general government for all 
 the colonies of New England. Sir Ferdinand Gorges was selected as gover- 
 nor of New England Colonies. But the difficulties of Charles I, in his war 
 in Ireland, — O'Neill's rebellion 1641 — prevented this tyrannical act from 
 consummation. Thus this great Irish rebellion prevented Laud from 
 trampling on the chartered rights of New England. So much for Ireland's 
 struggle for independence.— Moore's Life Gov. Winslow, 115-16. In 1674:, 
 Sir Edmond Andros was made military governor of the territories, which 
 the crown had granted to the Duke of York. He received possession of 
 New York from the Dutch authorities. He made himself dictator in civil, 
 military and religious matters. He made an attempt to reduce Connecticut 
 under his jurisdiction. Andros would not admit an assembly of the 
 people of New York. The people had no share in the government until 
 1683, when Governor Dongan came into power, when an assembly of the 
 
CONSTITUTIONAL HI8T0BT OP UNITED STATES. 17 
 
 iople was chosen after a struggle of thirty years. In 1691, the supreme 
 lurt of the colony was established. 
 
 In 1685, James II came to the throne. June 3, 1686, he appointed Sir 
 dmond Andros governor of all New England, except Connecticut. In 1688, 
 ndros landed in Boston and published his commission from the king, 
 e was vested with absolute power. He removed from office the authorities 
 ho held under the old charter, and overthrew the most cherished institu- 
 ons of the old settlers of New England. The last records of the charter 
 jvernmentof Massachusetts ended May 13, 1686. Andros was a consummate 
 'rant. He abolished vote by ballot and suppressed the liberty of the 
 ress. He endeavored to blot out every trace of colonial laws, which clashed 
 ith the laws of England. He said that the town meetings were too 
 emocratic — he said that "there was no such thing as a town in the whole 
 juntry." He annulled old titles to land, and laughed at the Indian deeds. 
 :e said that they were "no better than the scratch of a bear's paw." He 
 •id on a poll-tax. All who did not comply with the tyrant's wishes were 
 ned and imprisoned. He established the English church, Jan. 12, 1687 ; he 
 issolved the government of Rhode Island, broke the seal of the colony, and as- 
 imed its government. He made a demand on Connecticut while the assem- 
 ly was in session, Oct. 1687, at Hartford, for a surrender of the charter of 
 le colony. The governor placed the charter on the table, when 
 iddenly the lights were extinguished, and the charter taken from the 
 ible and hid in the hollow of an oak tree, ever since known 
 i the '■'■ charter oak." October 31, 1687, Andros wrote in the records of 
 onnecticut, "J'jwis," and assumed the government of the colony. In 1688, 
 'ew York and New Jersey were added to his jurisdiction. When the 
 ews reached the colonies that James was driven from the throne of Eug- 
 md, the people of Boston made a prisoner of Andros and established the 
 eneral court, and recalled Bradstreet as governor. The authorities in Eng- 
 ftid passed over this revolution in silence as they had themselves set the 
 sample. King William took from the colonies the right of electing their 
 wn governors. England claimed the "unqualified right of binding the 
 olonies in all cases whatever, and specifically of the right of taxing them 
 ithout their consent. The attempt of the king and parliament to tax by 
 le sword immediately led to the revolution." — Kent's Comm. vol. i, p. 205. 
 
 CHAPTER III.— TOWN, SCHOOL, AND PARISH. 
 
 The American people had a fair opportunity to establish a Democratic 
 arm of government on the model of the Greek Republics, where all the 
 itizcns voted in one body in their assemblies. The great mass of the 
 ihabitants were working men, with a few exceptions. "They had neither 
 jrds nor common people, neither rich nor poor."— DeTocqueville, p. 14. 
 a the Middle and Southern states grants were made by the crown to great 
 roprietors, and in many instances the governors were appointed by the 
 rown.— De Tocqueville, pp. 18 and 19. New York, under the Dutch 
 overnment, was no better than a military post. The proprietary goyern- 
 lents were established in Maryland, Pennsylvania, Delaware, the Carolinas, 
 lie Jerseys, and Georgia. The right of the soil and the establishment of 
 ivil government was given to favorites of the crown, who almost exercised 
 oyal authority. They appointed the governors and had the right to 
 onvene the legislature. The proprietors exercised a veto on the 
 
18 CIVIL GOTERNMBNT OP THE STATES. 
 
 acts of the assemblies. The crown alone had a negative on the acts of the 
 ' proprietors. — Young's American Statesman, 30. The New England 
 States had charter governments, which conferred on the colonists all 
 the privileges of natural-born subjects. The only limitation on the 
 colonial legislature of New England was, that no law should conflict 
 with those of England. — Young's American Statesman, p. 33. The proprie- 
 tary governments were superseded by royal governments, with royal char- 
 ters which continued until the revolution. They derived their powers from 
 the king, governors held their offices at the pleasure of the king and 
 acted under his instructions. The king appointed the governor and coun- 
 cil, and representatives were elected by the people. The governors had a 
 negative on the acts of the legislature. All acts of the legislature had to 
 receive the royal authority. The judges were appointed by the crown. 
 — Young's American Statesman, p. 36. I am of opinion that the town 
 meetings and town laws originated in New England. The New Eng- 
 land colonies claimed th6 right to make all laws for the 
 government of the colonies. They were nearly independent nations. 
 — De Tocqueville, 19. The New England town is older than 
 the counties, the States, or the Federal Union. It answers the purpose of 
 an English parish for supporting the poor, and in colonial times for the 
 support of religion and education — for the support of ministers of the Con- 
 gregational Church, established by law. For both New England and 
 Virginia established church and state. The New England towns were nearly 
 republics. In Connecticut, in colonial times, parents were obliged to send 
 their children to the parish school or pay a fine. — De Tocqueville, 33, 34. In 
 the towns, the people were sovereign. They were the source of political 
 power. Indeed, the first towns nearly formed independent nations. — De Toc- 
 queville, 47. They gave existence to constitutional conventions. For in New 
 England, the towns exercised more authority than in any other part of the 
 United States. The following are the town officers of Connecticut : Select- 
 men, town clerk, treasurer, registrar, constables, assessors, surveyors of 
 highways, collectors of town taxes, grand jurors, tythingmen, haywards, 
 gaugers, packers, sealers of weights and measures, weighers, pound-keepers, 
 who serve for one year. — Statutes Conn. p. 101. "The inhabitants of the 
 respective towns, in legal meeting assembled, shall have power to make 
 such orders, rules and regulations for the welfare of the towns, as 
 they may deem expedient, and to enforce them by suitable penalties, 
 ,if such regulations do not concern matters of a criminal nature, are 
 not repugnant to the laws of the State, and the penalties do not excede 
 four dollars for any one breach."— Statutes Conn. 103. The town can 
 give a bounty for killing wild cats ; may appropriate money for monu- 
 ments for soldiers and seamen. The selectmen have charge of the poor ; 
 may organize a night patrol; may license dealers in junk, etc.; may 
 revoke licenses. The registrars give license to marry ; keep records of births, 
 marriages and deaths. " Every town, at its annual meeting for the election 
 of town officers, shall choose not less than two, nor more than six Grand 
 Jurors, to serve for the ensuing year, who shall take the oath prescribed by 
 law."— Statutes Conn. 113. "The civil authority and selectmen of the 
 several towns shallconstitute a board of health in their respective towns. 
 The town is a quasi corporation, capable of suing and being sued. Such 
 are the powers of a town that it has control of the internal police of the 
 State; the board of health, in any town, may pass quarantine laws and 
 regulations. The justices of the peace are empowered to summon an 
 inquest, etc. The town has control of the schools." — Statutes Conn. 134. 
 The town officers of Massachusetts, (Statutes, 1836) are: town clerk, asses- 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 19 
 
 sors, overseers of poor, town treasurer, school committee, surveyors of high- 
 ways, constables, collectors of taxes, tythingmen, field drivers, fence 
 viewers, surveyors of lumber, measurers of wood and sealers of leather. 
 Each town has the charge of the poor and may erect a workhouse. Every 
 person of the age of eighteen years is liable to keep watch and ward, ministers 
 of the Gospel, justices, selectmen and sheriffs exempted. We have said that 
 in colonial times the parish had to support the ministers of the Congregational 
 Church, but now, it is otherwise. But the Statutes provide " that every 
 parish or religious society heretofore established is declared to be a body 
 corporate, with all the powers given to a corporation." — Laws of Mass. 1836. 
 The town chooses a board of health and may establish quarantine laws. 
 The town has charge of the schools ; and of building schools and hiring 
 teachers. — Statutes of Mass. 1836. The inhabitants of the town may 
 divide the town into school districts. The powers and duties of the select- 
 men nearly similar to the town supervisors of New York, Wisconsin, 
 Minnesota and other Western States. In Massachusetts the town grants 
 licenses. The towns in Massachusetts have the capacity to sue and be sued. 
 They are quasi corporations — they may make by-laws. The school laws of 
 the several States have been changed nearly every year. In Minnesota, and 
 other States, the county commissioners divide the counties into 
 school districts. The school districts are quasi corporations empowered 
 to sue and be sued; the school officers are a director, treasurer, 
 and clerk, who are elected annually. In Minnesota, Laws 1873, school 
 officers are elected for three years. They have general charge of the 
 schools and school houses in the district — may hire teachers. The quali- 
 fied voters of the district when assembled at a legal school meeting, 
 have power to vote a tax on the taxable property of the dis- 
 trict for the support of the public school," &c. In some States the 
 school trustees of each district examine teachers ; in others, there is a town 
 superintendent of schools in each town to examine teachers ; and still in 
 others, the county commissioners of each county appoint a school examiner 
 for each commissioner district ; and still in others the county commission- 
 ers appoint a school superintendent of public schools for each county, 
 whose duty it is to examine teachers and visit and examine schools. — Statutes 
 Minn. pp. 299-300-1-3-8-4, Ed. 1866. Actions for and against school 
 districts shall be brought in the name of the school district. — Statutes Minn. 
 1866, p. 300, sec. 9, and p. 299, sec. 1. Vacancies to be filled by the re- 
 maining board of trustees when a vacancy occurs. So, wt\en one of the 
 trustees resigns, he must tender his resignation to the other two. — Statutes 
 Minn. 1866, p. 301, sec. 15. So the resignations of school and town officers 
 depend on the laws of the several States, as well as upon general principles of 
 law. In Vermont the town officers are, clerk, selectmen, town treasurer, over- 
 seer of the poor, constables, assessors, auditors, fence viewers. Grand 
 Jurors, sealers of weights and measures, inspectpfs of leather, pound- 
 keepers, surveyors of highways, an agent to prosecute and defend suits in 
 which the town is interested. — Statutes of Vermont, 1793. The duties of 
 selectmen nearly similar to those of the supervisors of New York, Wis- 
 consin, Minnesota, and other Western States. In New York, Wiscon- 
 sin Minnesota (other States), the towns are quasi corporations, and may 
 "sue and he sued." May make by-laws. Supervisors are elected annually, as 
 well as clerks, treasurers, assessors, justices of the peace ; and constables are 
 elected for two years, overseers of highways, pound-masters, etc. The towns 
 are empowered to raise money for town purposes and to defend suits against 
 their respective towns. In some States the supervisors are fence viewers ; 
 and with the justices of the peace constitute the board of health. In some 
 
20 CIVIL GOVERNMENT OF THE STATES. 
 
 States, suits for and against towns are conducted by the supervisors; but the 
 suit must be in the name of the town.— Statutes Minn. 1866, p. 146, sec. 61. 
 Statutes Minn. p. 149. sec. 85, 1866. The papers in a suit must be served on 
 the chairman or in his absence on the town clerk.^Statutes Minn. 1866, 
 p. 149, sec. 87. Each town may pass by-laws. In some States, the supervisors 
 in the several towns have care and superintendence of the roads and 
 bridges in the towns; and may lay out and repair the roads in their respec- 
 tive towns. —Statutes Minn. 1866, p. 190, sec. 1. Overseers of highways must 
 resignto the supervisors. —Statutes Minn. 1866, p. 191, sec. 4, 5. The justices 
 of the peace of each town, and the supervisors, or a majority of them, fill 
 vacancies in the town oflSces. All town oflScers must tender their resigna- 
 tion to this board.— Statutes Minn. 1866, p. 144, sec. 45,46. The powers and 
 duties of the towns and school districts are limited by the statutes, beyond 
 which they can exercise no corporate powers. — Statutes Minn. 1866, p. 140, 
 sec. 9. Wisconsin Rep. vol. 36, See opinion Supreme Court U. S. 21 Howard, 
 506. Yet, no other ofllcer has control over town olficers while acting with- 
 in the sphere of their respective duties. They may be compelled to perform 
 the duties of their respective offices by mandamus. In some instances, they 
 are liable to pay a fine according to the provisions of the statutes. They 
 are all liable to be indicted for corruption in office, etc. For further on this 
 subject, see the constitutions and statutes of the several States. The courts can 
 reach individual officers both town, school, connty, state ^nd federal, for 
 no person in the United States is above the law. The courts by judicial sen- 
 tence enforce the laws, town, county, state and federal. — De Tocqueville, 
 p. 57. Opinions of the attorneys general of the United States, vol. 1, p. 5. 
 
 CouNTV Government. 
 
 It has been said that there is no body in New England representing the 
 county as a body politic. — De Tocqueville, p. 51. This was so in the time 
 that De Tocqueville wrote. For then county officers were appointed. — De 
 Tocqueville, p. 48. In Massachusetts, Act of November, 3, 1791, the expenses 
 of the county were voted by the legislature. Until quite recently there was 
 no body in New England representing the county, either directly or indi- 
 rectly. By the constitution of Vermont, (Constitution, 1793,) " assistant 
 judges of the county court shall be elected by the freemen of their respec- 
 tive counties ;" sherifis, high bailiffs, and state attorneys shall be elected by 
 the freemen of their respective counties. According to the statutes of Ver- 
 mont (1793,) the county court, which is similar to circuit courts in other 
 states, have jurisdiction in cases of highways on appeals from the select- 
 men ; the couiity court have the appointment of county clerks, county treas- 
 urers, and inspectors of turnpike roads. "The county court in each 
 county shall, by their clerk or an auditor, examine, audit and adjust all ac- 
 counts against each county, and draw orders on the county treasurer for 
 the same." Certain county officers are appointed by the legislature. 
 — See statutes of Vermont, 1793. The county treasurer has charge of 
 the county buildings. In Massachusetts, under recent laws, "each 
 connty shall be a body corporate for the following purpose, to wit: 
 To sue and be sued ; to purchase and hold, for the public use of the 
 county lands lying within its own limits and any personal estate, to make 
 all necessary contracts and to do all other necessary acts in relation to the 
 property and concerns of the county."— Mass. Statute, 1886, In 1838, a 
 law was passed in Massachusetts for the election of counlty commissioners.— 
 Statutes Mass. 1836, p. 161. Their duties 'are as follows: to erect county 
 buildings; to have charge of the highways; to grant licenses: lay estimate 
 of expenses before the county court, of the sums necessary for county 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 21 
 
 charges ; to examine, allow and settle all the accounts of receipts and expen- 
 ditures of the money of the county, apportion county taxes according to 
 the last State valuation. According to the laws of Connecticut, (Laws 
 1866), it may be well said that there is no body representing the county. 
 With a few exceptions, county officers are the mere agents of the legislature. 
 In Connecticut the general assembly appoints three county commissioners, 
 for a term of three years, who shall '■^ take care of all the real estate, real 
 and perstmal property belonging to the county, "t "may sell and purchase 
 real estate in behalf of the county," t "all conveyances of real estate in the 
 name of the county treasurer. The county commission shall appoint the 
 county treasurer and county surveyors for their respective counties." — Con- 
 necticut Statutes, 228, 1866. Powers of the county commission limited, as 
 they represent the legislature more than the county. When a tax is necessary 
 for county purposes, the county commissioners call together the representa- 
 tives, for Uie time being, of the county of course, chosen to the general as- 
 sembly. Said meeting shall impose a tax upon the towns in each county, to 
 be collected the same as to wn taxes and paid to the county treasurer. Suits for or 
 against the county are in the nameof the county treasurer. — JMd. 98. By amend- 
 ments 1888, sheriffs are elected by the people. By the laws of 1850, judges 
 of probate and justices of the peace are elected by the people. New York, 
 Pennsylvania, Ohio and the Western States have a better system of county 
 government, than New England. The several states have changed their 
 system of county government from time to time. In some States, the chairman 
 of the town supervisors for each town represents the county, as the board 
 of county supervisors ; in other States, each county is divided into commis- 
 sioner districts, and each district elects one county commissioner to repre- 
 sent the county. The powers and duties of county supervisors and county 
 commissioners are defined and limited by the laws of the several States. 
 County officers are the creatures of the statutes. — 36, Wisconsin, Rep. 
 State p. Douglas, p. 428. — Crowell v. Lambert 9, Minn. Rep. p. 283, 
 Sanbome v. Commissioners of Rice Co., 9 Minn. Rep. 273; 4 Wis. Rep. 
 167. In New York, Wisconsin, Minnesota and several of the Western 
 states, county officers are elected by the people. In Minnesota 
 and other western states, the county board represents the county. 
 It has power to erect county buildings, to lay out county roads, alter and 
 lay out county roads, to hear appeals from town supervisors on roads ; to 
 equalize the taxes of the county; to audit and allow county charges; to 
 select grand and petit jurors ; to have care of the county property ; to ex- 
 amine the accounts and vouchers of the auditor and treasurer and the funds 
 in the county treasury. The county commissioners "shall have and use the 
 auditor's seal; and papers signed by the chairman and attested by the audi- 
 tor, with the auditor's seal affixed, shall be evidence of such proceedings 
 in any of the courts of this State." — Minn. Statutes, 1866, p. 117, sec. 96. 
 97. The county auditor, judge of probate and register of deeds in each 
 county, fill by appointment vacancies in the board of county commissioners. 
 — Statutes of Minn. 1866, p. 116, sec. 95. County commissioners shall 
 tender their resignation to the register of deeds, auditor and judge of pro- 
 bate. The county commissioners fill vacancies in the office of register of 
 deeds. Auditor, Treasurer, Sheriff, County Attorney, County Surveyor. 
 Said officers resign to the county commissioners ; vacancies in the offices of 
 the court commission and clerk of the court are filled by the judge of the 
 district court. Clerks of the district court and court commissioners should 
 tender their resignation to the judge of the district court. Vacancy in 
 the office of the judge of probate is filled by the governor. The judge of 
 probateshould resign totheGovemor. — See Constitution of Minn. art. 5,sec. 4. 
 
23 CIVIL GOTERITMENT OP THE STATES. 
 
 Statutes of Minn. 1866, on resignations, etc. p. 137, sec. 1. Opinions of the 
 Attorneys General of the United States, vol. 1, page 157, and constitution of 
 Minnesota, section 10, art. 6, and 9 Minn. Rep. 283. The Governor may re- 
 move from office for malfeasance ' or nonfeasance of official duty, the clerk 
 of the district court, judge of probate, court commissioner,^ sheriff, 
 coroner, register of deeds, county attorney, county commissioner, 
 any collector or receiver of public moneys appointed by the legislature, 
 only the Governor. —Minn. Statutes, 1866, pp. 137-8. The laws of the 
 several states in respect to county officers are not the same in all the states 
 — and as there are 38 states and 38 independent legijiatures, the powers and 
 duties of county officers and the nature of county governments must, in 
 the nature of things, fluctuate with the wants and wishes of the people — 
 the source of all political power, town, county, state and federal. We have 
 given the general principles which govern the town, parish, school and 
 county organizations, in the United States. Said organizations have capacity 
 to sue and be sued. — The State of Minnesota has a legal capacity to sue. — 
 State V. Grant, 10 Minn. 39. The official acts of the town, school and county 
 officers may be investigated by the Grand Jury of the proper county under 
 the instiTictions of the presiding judge ; for the judicial power of the nation 
 extends to every person and everything in its territory, excepting only such 
 foreigners as enjoy the right of extra territoriality, and who, consequently, 
 are not looked upon as temporary subjects of the State. — Opinions of the 
 Attorneys General United States, vol. 1, p. 5. 
 
 CHAPTER IV.— STATE GOVERNMENT. 
 
 We have said that the town is the parent of the State. We may further 
 say that the thirteen colonies had different forms of government, which can 
 be seen from the constitutions and charters of the colonies at the time when 
 they adopted the articles of confederation in 1777. On the 4th of July, 
 1776, the thirteen colonies of North America became independent and sove- 
 reign nations or powers, and their legislatures could pass such laws and 
 make such regulations as the welfare of the people demanded, limited by 
 their state constitutions and charters. July 1776, the New England States 
 and the State of New York had no constitutions — nothing more than charters 
 from the crown. The thirteen States adopted their first constitutions, as 
 follows: New Hampshire, 1784; Massachusetts, 1780; Rhode Island, 1843; 
 Connecticut, 1818; New York, 1777; New Jersey, 1776; Pennsylvania, 
 1776 ; Delaware, 1776 ; Maryland, (the first form of government was partly 
 by the proprietors and partly by the people) the first popular constitution 
 was adopted in 1776; Virgihia, in 1776; North Carolina, 1776; South Caro- 
 lina, 1776; Georgia, 1777; Rhode Island and Connecticut acted under their 
 colonial charters after the adoption of the constitution of the United States. 
 The States were not subject to any higher political power, each state being 
 sovereign.— 1 Kent Comm. vol. 1, p. 208; Vattel's Laws of Nations, book 1, 
 chapter 3, pp. 8, 9, 10, 11. Book 1, chap. 1, pp. 3-3, chap. 4, pp. 13 and 
 13. 4 Ohio Rep. pp. 394-308. From the above, it will appear that the 
 thirteen colonies or states, though their forms of government differed in 
 some respects, were democratic, for they claimed that the people were the 
 source of all political power. The principle that all political power is 
 inherent in the people was adopted by the several state constitutions. We 
 have said that the forms of government were different in the several colonies 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 33 
 
 at the adoption of the Declaration of Independence ; the same can be said of 
 the present state governments. The present state governments are more 
 liberal than they were before the adoption of the constitution of the United 
 States. For before the adoption of the constitution of the United States, 
 all of the States, except Pennsylvania, required a property qualification for 
 the executive office, as wel} as for members of both houses of the legis- 
 lature. Under the colonial governments of New Jersey, Maryland, Delaware, 
 and Pennsylvania, the governor was elected by the state legislature. 
 The judiciary of the several States were appointed either by the legislature, 
 the governor and council, or by the governor by and with the consent of 
 the senate and in some States by the governor and assembly and in Vir- 
 ginia, North Carolina, and Georgia by the legislature on joint ballot. 
 Sonie of the old States still clung to the old system of appointing the 
 judiciary, but New York, Ohio, and Pennsylvania and most of the Western 
 States elect their judges. We have in another place said that New England 
 had established church and state and that religion was supported by the 
 taxes of the people, and that in some States education was compulsory. — 
 De Tocqueville, p. 33. In 1693, the Episcopal religion was established 
 by law in the province of New York. — Constitutions of the States, 
 p. 143. Virginia established the Church of England, and the parsons 
 collected tithes, the same in South Carolina. — Constitutions of 
 States, 366. Naturalization laws were passed by the several states 
 before the adoption of the Constitution of the United States. In Penn- 
 sylvania, the act of the British Parliament passed in the 18th year of 
 the reign of George II, Chapter VII, furnished the rule for the natural- 
 ization of "all persons being Protestants, etc., who resided for the 
 space of seven years or more within the province by taking the abjuration 
 oath shall be deemed, adjudged, and taken to be the king's natural-born 
 subjects of this province, to all intents." (See Dallas, ed. Penn. Laws, 
 vol. 1. This law excluded the Catholics from the privileges of naturalized 
 citizens or subjects. In New York it was provided that naturalized citizens 
 should take the following oath, to wit: "To abjure and renounce all allegi- 
 ance and subjugation to all and every foreign king, prince, potentate, and 
 state in all matters, ecclesiastical as well as civil." This, says Chancellor 
 Kent, in his Commentaries, vol. 3, p. 73, was intended to exclude Eoman 
 Catholics from the benefits of naturalization, who acknowledged the spirit- 
 ual supremacy of the pope. — Kent's Com. vol. 3, p. 73. The State of 
 Maryland passed the following act on the subject of naturalization, in 
 -July, 1779. "Be it enacted by the general assembly of Maryland, that 
 eeery person who shall hereafter come into this State from any nation, king- 
 dom, or state, and shall repeat and subscribe a declaration of his belief in 
 the Christian religion, and take, repeat, and subscribe the following 
 oath, to wit: 'I do swear that I will hereafter become a subject of the State 
 of Maryland, and will be faithful, and bear true allegiance to said State, and 
 that I do not hold myself bound to yield allegiance or obedience to any 
 king or prince or any state or government, ' shall thereafter be adjudged, 
 deemed, and taken to be a natural-Soro subject of this state." By act 
 of the assembly of Georgia, Feb. 7, 1785, an alien "who hath resided at 
 least twelve months in the same, and after the expiration thereof, doth 
 obtain from the Grand Jury of the county where he resided, a certificate, 
 purporting that he hath demeaned himself as an honest man, and a friend 
 of the government of the State," may become a citizen of the_ State by 
 taking the oath of allegiance provided that no such person (alien-born,) 
 thus made a citizen, shall be a member of the general assembly, or of the 
 executive council, or shall hold any office of trust or profit, or vote for 
 
24 CIVIL GOVERNMENT OP THE STATES. 
 
 members of the general assembly, for the term of seven years, and until the 
 legislature shall, by special act for that purpose, enable such person so to do. 
 And provided also, that all such aliens, or persons aforesaid, shall be sub- 
 ject and liable to pay such alien duties as have been heretofore, or may 
 hereafter be imposed by the legislature. — See Watkin's Digest Laws of 
 Georgia, pp. 312-3. It was provided in North Carolina " that every foreigner 
 who comes to settle in this State, having first taken an oath of allegia«ce 
 to the same, may purchase, or, by other just means, acquire, hold, and 
 transfer land, or other real estate ; and after one year's residence, shall be 
 deemed a free citizen.'' In Massachusetts, an act was passed, in 1777, 
 that persons born abroad and coming into the State after 1776, and l)efore 
 1783, and remaining there voluntarily, were deemed citizens of the 
 state.— 2 Pick. Rep. 394. The supreme court of Connecticut adopted 
 the same rule without the aid of the legislature. It was held, that a 
 British soldier, who came over with the British army in 1775 and deserted, 
 and came and settled in Connecticut, in 1778, and remained there after- 
 wards, became a citizen of the United States. — 5, Day's Rep. p. 169. Held 
 by the Attorney General of the United States, Wm. Wirt, in 1831, that 
 all free white persons born and residing in the United States are citizens of 
 the United States. — Opinions of the Attorneys General of the United States 
 vol. 1, pp. 382, 383, 384.-3 Kent's Comm. p. 1. We insert a few extracts 
 from the decisions of the courts of Massachusetts on the subject. "An 
 alien is one bom without the allegiance of the commonwealth. — Anslie v. 
 Martin. 9 Mass. R. p. 459. " A person, born within the territory, of which 
 the commonwealth of Massachusetts is now sovereigUf although he were 
 born before the Declaration of Independence, cannot be considered an alien 
 unless he have been expatriated by virtue of some statute judgment at law ; 
 for by his birth he owes allegiance to the commonwealth, as the successor 
 of the former sovereign, who had abdicated his throne." — Martin v. Woods, 
 9 Mass. Rep. 377, " A native of Massachusetts, leaving his county after the 
 commencement of hostilities with Great Britain in 1775, and voluntarily 
 remaining with the British until after the close of the war, thereby became 
 an alien." — Palmer v. Downer, 2 Mass. Rep. 179. A person leaving this 
 country after the commencement of the revolutionary war and going to the 
 British territories, and residing therein for several years, and afterwards 
 returning to the United States, before the treaty of peace, without having been 
 legally disfranchised by judgment of court, retains his right as a citizen of 
 the United States." Kilham v. Ward & al. II. Mass. R. 286. Gardner v. 
 Ward & al. II. Mass. R. 244. "The act of April 30, 1779, for confiscat- 
 ing the estates of absentees, does not take away the rights of citizenship 
 from a person, who has not been prosecuted and convicted under it." — Ibid. 
 " A person, who resides under the allegiance and protection of a hostile 
 state, for commercial purposes, is to be considered, to all civil purposes, as 
 much an alien enemy, as if he were born there." — Hutchinson v. Brock, 9 
 Mass. R. 119. "Where a person, who was born in the colony of Connecti- 
 cut, before the commencement of the revolutionary war, removed to the 
 British dominions, where he remained until after the treaty of peace, he was 
 consideredan alien." — TheInh.Manchester®.Inh. Boston. 16 Mass. 230. "The 
 statutes of the United States — 7 Congr. 1 sess. c. 23, sec. 4. provides that the 
 children of all such persons, as now are, or have been citizens of the United 
 States, shall be citizens, whether born within the United States or not." 
 This provision does not extend to children born of parents, who had quit this 
 country before the Declaration of Independence ; as the term, citizens of the 
 United States, must be understood to intend those who were citizens of a state, 
 as much, after the Union had commenced, and the several states had assumed 
 
COKSTITtrriONAL HISTORY OP DKITED STATES. 25 
 
 theirsovKreignties."— Inh. Manchester®. Inh. Boston, 16 Mass. R. 330. "An 
 alien can purchase real estate, and can hold against all, except the common- 
 wealth, and can be divested only by office found, and until office found, can 
 convey."— SheafEe ». O'Neil, 1 Mass. R. 256. Storer «. Boston, 8 Mass. R 
 431. Fox V. Southack & al. 13 Mass. R. 143. "An alien, other than 
 a British subject, is not capable of holding and conveying lands.— Com- 
 monwealth V. Sheaffe, 6 Mass. R. 441. Opinion of the Justices of the Supreme 
 Judicial District, 7 Mass. 533. "But by the ninth article of the treaty of 
 1794, which seems to be a stipulation, which cannot be dissolved by any 
 subsequent event, British subjects, who then held lands within the United 
 States, might continue to hold them, according to the nature and tenure of 
 their estates and titles therein; and might grant, sell or devise the same to 
 whom they would, in like manner as if they were natives." — Ainslie v. Mar- 
 tin, 9 Mass. 454, Pox ®. Southack & al. 13 Mass. 143. "An alien is liable 
 to taxation; but, by the payment of taxes, he acquires no political right 
 whatever."— Opinion of the Justices of the Sup. Jud. Court, 7 Mass. R. 533. 
 "Thus, if a person, bom an alien, be naturalized, he will be placed upon 
 the same ground, as if bom a citizen."— iSitZ. " So, if a person, born with- 
 in the allegiance of jthe King of England, and without the allegiance of 
 the Commonwealth, were an inhabitant of the Commonwealth, at the 
 ratification of the treaty of peace between Great Britain, in 1783, he 
 will be entitled to the privileges of citizenship."— iSii. "So, if a person 
 be a citizen of some other of the United States, he will be entitled, by the 
 Federal constitution, to the privileges of citizens within the state." — Ibid. 
 "Natural born citizens may inherit and make their titles by descent, from 
 any of their alien ancestors, lineal or collateral." — Palmer s. Downer, 3 
 Mass._179. "If an alien be found within this state, he will be liable to be 
 sued in the courts of the state, upon his personal contracts, wherever they 
 may have been made." — Barretts. Benjamin, 15 Mass. Rep. 854. "The 
 citizens of any of the United States have the same rights and privileges in the 
 courts of this state, which belong to its own citizens.— Ibid. We here 
 give extracts from the rulings of the supreme court of the United States as to 
 who are and who are not aliens. — " One born in England before the year 1775, 
 and who always resided there, and never was in the United States, is an 
 alien, and could not, in 1795, take lands in Maryland by descent from a 
 citizen of the United States." — Dawson's Lessee v. Godfrey, 4 Cranch, 331. 
 7 Wheaton, 535. Fairfax's Devisee v. Hunter's Lessee, 7 Cranch, 603. "The 
 allegiance which was formerly due from the people of this country to the 
 sovereign of Great Britain, was transferred by the American revolution to 
 the government of their own country. On the 4th of October, 1776, the 
 state of New Jersey being an organized and independent government, had 
 a right to compel the inhabitants of the state to become citizens thereof ; 
 and the legislature asserted this right by an act passed on the 4th of June, 
 1777. A person, therefore, born in New Jersey before the year 1775, and 
 residing there until the year 1777, and then joining the British army, and 
 ever afterwards claiming to be a British subject, may take lands by descent 
 in New Jersey State, that having a right to his allegiance, and the power to 
 compel his services as a citizen." — McHvaine v. Coxe's Lessee, 4 Cranch, 309. 
 "The treaty of peace of 1783, between the United States and Great Britain 
 did not so operate upon the condition of a person in the above predicament 
 as to make him become an alien to the State of New Jersey, in consequence 
 of his election then made to become a subject of the king, and his subse- 
 quent conduct confirming the election; the laws of the state which had 
 made him a citizen being still in full force, and not repealed, or in any 
 manner afiiected by the treaty." — Ibid. "The concessions in the treaty of 
 
26 CIVIL GOVERNMENT OP THE STATES. 
 
 peace of 1783, on the part of his Britannic Majesty, amounted to a formal re- 
 nunciation of all claim to the allegiance of the citizens of the United States; 
 but the question, who were at that period citizens, was necessarily left to de- 
 pend upon the lawSjOf the respective states, who, in their sovereign capacities, 
 had acted authoritatively upon the subject. It left all such persons in the 
 situation it found them, neither making those citizens who had by the laws 
 of any state been declared aliens, nor releasing from their allegiance any 
 who had become and were claimed as citizens." — Ibid. Persons who, 
 having been born in this country, left it before the Declaration of Inde- 
 pendence and never returned, are aliens, and incapable of taking land by 
 descent.— Inglis v. the Trustees of Sailors' Snug Harbor, 3 Peters 99. "The 
 English and American courts have, however, established different rules as 
 to the time at which Americad antenati ceased to be British subjects. The 
 American rule is to take the date of the Declaration of Independence ; the 
 English rule is to take the date of the treaty of peace, prima fade, and 
 as a general rule, the character in which American ante nati will be con- 
 sidered by our courts, must depend upon the situation of the party, and 
 the election made by him, at the date of the Declaration of Independence. 
 But this general rule must be controlled by special circumstances attending 
 particular cases. To say that the election must always have been made 
 before, or immediately at the Declaration of Independence, would render 
 the right nugatory." — Ibid. "A person born in the city of New York 
 before the 4th of July, 1776, and remaining there an infant under the custody 
 of his father, during the period of its occupation by the British troops, and 
 who, after the treaty of peace, was carried by his father, an American loy- 
 alist, to England, and never returned to the United States, must be consid- 
 ered as an alien, and incapable of inheriting land in the State of New York. " 
 — Inglis V. The Trustees of Sailors' Snug Harbor, 3 Peters 99. "If such per- 
 son had been born after the 4th of July, 1776, and before the 15th of September, 
 when the British troops took possession of the city and adjacent places, his 
 infancy would have incapacitated him from making any election for himself, 
 and his election and character would follow that of his father, subject to 
 the right of disafiirmance in a reasonable time after the termination of his 
 minority. " — Ibid. "A. S. was born in South Carolina before the Declaration 
 of Independence : her father at the time, and remaining until his death, in 
 1783, a citizen of that state, she married J. 8., an officer of the British army 
 at that time in possession of Charleston. Upon the evacuation of this city 
 in 1783, she went with her husband to England, and there remained until 
 her death in 1806. Her age and death of her father did not appear. Held, 
 that she was capable of taking laud by descent from her father in 1783, the 
 time of his death. If she was under age, she might be deemed under the 
 circumstances of the case, to hold the citizenship of her father; for children 
 born in a country, and continuing while under age in the family of the 
 father partake of his national character. If she was of age, then her birth 
 and residence might be deemed to constitute her by election a citizen of 
 South Carolina. The possession of Charleston by the British was not of a 
 character to change the allegiance of its inhabitants; nor could the marri- 
 age of A. S. with an alien produce that effect; marriage changes the civil 
 rights, but does not effect the political character of a fem.e." — Shanks 
 et als. V. Dupont et als. 3 Peters 343. ' ' The removal of A. S. to England 
 with her husband, after the death of her father, operated as a virtual dis- 
 solution of her allegiance to South Carolina, and fixed her future allegiance 
 to the British Crown by the treaty of peace of 1783. Being a British sub- 
 ject, at the time of the peace of 1783— at least, within the view of the 
 British Government — she was embraced by the provisions of that treaty, 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 37 
 
 protecting British subjects fielding lands in America from the disability of 
 alienage in respect to descents and sales. "—3 Peters 343. " It is common learn- 
 ing that an alien has no inheritable blood, and can neither take land himself 
 by descent, nor transmit it by descent to others."— Lessee of Levy et als. v. 
 McCartee, 6 Peters 103.— "At common law an alien cannot acquire by pur- 
 chase and convey to a vendee a good title to real estate."— Purczell v. Smith 
 21 Iowa R. 540. The following rule of law has been held by the courts of 
 New York: " J.n alien widow of a natural-ham citizen cannot le endowed by 
 reason of her alienism."— Mick v. Mick, 10 "Wend R. 379. " Naturalization 
 merely removes the disability of the alien to hold lands, leaving a right in 
 the government to enter if he die without heirs; or leaving alien heirs only." 
 — Sultiff «. Forgey, 1. Cowen 89. "A subject of Great Britain, who emigrated 
 to this country after the Declaration of Independence, is an alien. "—Jack- 
 son, ex dem. Folliard, b. Wright, 4 Johnson's Rep. 75. "Naturalization 
 has a relation back and confirms the title of the purchaser of land during 
 alienage." — Jackson, ex dem. Calverhouse, v. Beach, I. Johnson's Ch. Rep. 
 399. " A resident alien is entitled to the benefit of the insolvent laws of 
 the commonwealth." — Judd «. Lawrence, 1. Cush. 531. The courts of 
 Massachusetts and the supreme court of the United States have held that no 
 " person in any way can discharge himself from his allegiance to his native 
 country, unless the protection, which is due to him from the laws, be unjustly 
 denied him." That "the allegiance, which a person owes to the sovereign or 
 government of the country of his birth, cannot be discharged by naturaliza- 
 tion in a foreign country ; but his duties, arising from his allegiance to his 
 native country, remain unchanged and unimpaired by such naturaliza- 
 tion." — Ainslie «. Martin, 9 Mass. R. 454. "The sovereign cannot refuse 
 his protection to any subject, nor discharge him from his allegiance 
 against his consent; but he will remain a subject, unless disfranchised 
 as a punishment for crime." — IMd. Held by the supreme court of 
 the United States that the State of New Jersey before the adoption 
 of the constitution of the United States, had a right to compel the 
 services of a person born in that state ; that such person could not re- 
 nounce his allegiance to the said State of New Jersey. — Mcllvaine «. Cox's 
 Lessee, 4 Cranch, 309. The courts of Massachusetts and the supreme 
 court of the United States have held the doctrine of the courts of 
 Great Britain, that a natural-born subject or citizen cannot throw off his 
 allegiance without the consent of the government. The following is the 
 ruling of the supreme court of the United States on the subject. ' ' Allegiance 
 may be dissolved by the mutual consent of the government and its citizens 
 or subjects. This doctrine was recognized in England, in the case of Doe ». 
 Acklman, 3 Barns, Cress. 779 ; Inglis v. The Trustees of Sailors' Snug Harbor, 
 3 Peters 99. "The general doctrine is, that no person by any act of his 
 own, without the consent of the government, can put off his allegiance, and 
 become an alien."— Shanks v. Dupont, 3 Peters, 243; 3 Kent, 48. "The 
 right of expatriation was not acknowledged at common law. British sub- 
 jects, imless specially prohibited by statute, were permitted to seek their 
 fortunes in any country, but always subject to their natural allegiance. 
 Although it has not been regarded as a crime to swear allegiance to a for- 
 eign state, yet the British government stands uncommitted as to the embar- 
 rassment in which a state of war between the governments of his natural and 
 of his divided allegiance might plunge an individual." — 3 Peters, 243. — 
 "There is no natural and inalienable right of expatriation." — Tbid. — CI. 
 American Citizens Abroad — Declares the right of expatriation; that all nat- 
 uralized citizens while in foreign states shall receive from this Government 
 the same protection of persons and property that is accorded to native- 
 
28 CIVIL GOVEBNMBNT OP THE STATES. 
 
 born citizens in like situations and circumstances; and that when any 
 citizen of the United States has been unjustly deprived of his liberty 
 by any foreign government, it shall be the duty of the President to 
 demand of that government the reasons for such imprisonment, and 
 if it appears to be wrongful and in violation of the rights of American 
 citizenship, the President shall demand the release of such citizen, 
 and if the release is unreasonably delayed or refused, it shall be the duty of 
 the President to use such means, not amounting to acts of war, as 
 he may think necessary to obtain such release. [July 27, 1868.] 
 Held by the attorney general of the United States, that, "white men owing 
 allegiance to the United States, cannot divest themselves of that alle- 
 giance by a residence among the Choctaws, nor even by becoming, by adop- 
 tion, members of the Choctaw nation." — Opinions of the Attorneys Gen. of the 
 United States, vol. 3, p. 985. " By the treaty between the United States 
 and Great Britain of 1794, (art. 9) it is agreed, that British subjects, who 
 then held lands in the territories of the United States, and American citizens 
 who then held lands in the dominion of his Majesty, should continue to 
 hold them according to the nature and tenure of their respective estates and 
 titles therein; and might grant, sell, or devise the same to whom they 
 pleased, in like manner as if they were natives; and that neither they nor 
 their heirs or assigns should, so far as respects the said lands and the legal 
 remedies incident thereto, be considered as aliens." — Jackson «. Clarke, 3 
 Wheaton 1. The courts of the United States and some of the state courts 
 have ruled as follows as to the common law of England. The old colony at 
 Plymouth, as before mentioned, abolished the common law and statute laws 
 of England, yet Massachusetts and the other New England States have re- 
 tained the common law by judicial sanction. The following is the doctrine 
 held by Massachusetts on the subject. "Generally, when an English statute 
 has been made in amendment of the common law, it is to be considered as 
 part of our common law." — Com. v. Leach, 1 Mass. 61. Com. v. Knowlton, 
 3 Mass. 535. ^ ' Thus, the statute of Anne, respecting negotiable notes, has been 
 adopted here as part of our common law." — Ibid, "And it is said that the 
 statute of Edward III, respecting the jurisdiction and powers of justices of the 
 peace, have been adopted and practised upon here and are to be considered as 
 a part of our common law. — lUd. " So, it was said that the statute of 31 Jac. 1, 
 sec. 13, giving double costs to an officer, who sued out of his county, for any- 
 thing done by him in the execution of his office, being made in amendment 
 of the common law, has been adopted here as part of our common law. — Ibid. 
 The following is the ruling of the supreme court of the United States on 
 the subject: "The common law of England is not to be taken in all 
 respects to be that of America. Our ancestors brought with them its 
 general principles, and claimed it as their birthright; but they brought 
 with them and adopted only that portion which was applicable to their 
 situation."— Van Ness v. Pacard, 2 Peters 137, & Peters Rep. 591. The 
 Town of Pawlett b._ Clarke, 9 Cranch 292. "The statutes passed in Eng- 
 land before the emigration of our ancestors, which were in amendment of 
 the law, and applicable to our situation, constitute a part of our ^mmon 
 law." — Patterson ». Winn. 5 Peters. "There can be no common law of 
 the United States, unless by legislative adoption. The federal government 
 is composed of twenty-four (now 38) sovereign and independent states, 
 each of which may have its local usages, customs, and common law. 
 When, therefore, a common law right is asserted, we must look to the 
 state in which the controversy originated."— Wheaton «. Peters, 8 Peters 
 591. Kendall ». United States, 13 Peters 534. " The courts of the United 
 States have no jurisdiction, derived from the common law, to define and 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 29 
 
 punish criminal offences. —The United States v. Hudson, 7 Cranch 33; 
 United States v. Coolidge, 1 Wheaton 416; United States v. Bevans 3 
 Wheaton 336. •' The construction which British statutes had received in 
 England at the time of their adoption in this country, indeed, to the time 
 of separation of this country from the British empire may very properly be 
 considered as accompanying the statutes themselves, and forming an in- 
 tegral part of them. But however subsequent decisions may be respected, 
 and certainly they are entitled to great respect, their absolute authority is 
 not admitted. If the English courts vary their construction of a statute 
 which is common to both countries, we do not hold ourselves bound to 
 fluctuate with them. — Ibid. We insert the following authority from the father 
 of the constitution of the United States, Mr. Madison, on this subject : ' ' But 
 neither the common, nor the statute law of that, (England) or of any other 
 nation, ought to be a standard for the proceedings of this, unless previously 
 made its own by legislative adoption."— The Eederalist, No. 42, p. 228. 
 Several of the states of the Union have retained the English common law 
 practice, in their courts ; but New York and some other states have departed 
 from the common law pleadings, and they have adopted, " theNeuo York Code 
 practice." The following states have adopted the common law by constitu- 
 tional provisions: New York, New Jersey, Delaware, Maryland, Michigan 
 and some other states, have adopted the "common law of England; and all 
 the statutes of Parliament made in aid thereof, prior to the fourth year of 
 the reign of James I, which are of a general nature and not local to the 
 kingdom, were adopted in Virginia by the statute of 1776." Held by the 
 supreme court of Minnesota, on an indictment for conspiracy, "that 
 conspiracy, though not declared a crime by our statute law, is punishable 
 in this state. Our statutes as to crimes were intended as a modification and 
 not as an entire repeal or abrogation of the common law." — (Berry J., 
 dissenting) State of Minn. v. Pulle et al., 13 Minn. E. p. 164, " The common 
 law, by which every man is bound to keep his cattle upon his own land, is in 
 force in Minnesota." — Locke v. first division St. Paul & P. R. R. Co. 15 Minn. 
 B. p. 350. It has been decided by th'e supreme court of the United States, 
 that the decision of the state courts makes a part of the statute law." — 
 Shelly V. Grey, 11 Wheaton 361. — "Whereausage is sanctioned by judicial 
 decisions, it becomes the law of the place." — Cookendorfer v. Preston, 4 
 Howard 317. Although the constitutions of the states, before the Federal 
 constitution was adopted, were republican in form, yet they were very 
 dissimilar. The legislatures may be deemed the mouthpieces of the people 
 — they spoke the sovereign will-^-in colonial times they exercised extraordi- 
 nary powers, for the executive was elected by the legislature in New 
 Hampshire, New Jersey, Pennsylvania, Delaware, Maryland, "Virginia, 
 North Carolina, South Carolina, and Georgia. — Federalist, No. 47, 
 p. 365, 366, 267. If I am not mistaken, and I think I am not. 
 South Carolina and Georgia are the only states in the Union where 
 the legislature elects the executive. The executives are elected by 
 the people in every other state in the Union. The New England 
 States have adopted the principle, that, " where annual elections end, 
 tyranny begins," — Federalist No. 53, p. 289, by annually electing the 
 executive and legislature. In New York, the governor is elected by the 
 people for 3 years; he shall be a native-born citizen of the United States, 30 
 years of age, and a resident of the state 5 years. In New Jersey, the ' 
 executive is elected for three years, he shall be 80 years of age. In Penn- 
 sylvania; the executive is elected for 3 years, he shall be 30 years of age. 
 In Maryland, the governor is elected, age 30 years, a citizen of the 
 United States five years, and an inhabitant of the state 5 years. North 
 
30 CIVIL GOVERNMENT OF THE STATES. 
 
 Carolina, governor elected for 3 years. South Carolina governor's term of 
 office 3 years, age 30, an inhabitant of the state ten years. Florida, governor 
 elected for 4 years, age 30 years, a citizen of the United States ten years, 
 and an inhabitant of the state 5 years. Alabama, governor elected for 3 
 years, age 30 years, a native citizen of the United States, and an inhabitant 
 of the state 4 years. Mississippi, governor elected for two years, a citizen 
 of the United States 30 years, and an inhabitant 5 years. Louisiana, 
 goveri^or elected for 4 years, a citizen of the United States 15 years, 
 an inhabitant of the state 15 years. Tennessee, governor elected foi 
 3 years, age 30 years, a citizen of the United States, residence 7 
 years. Kentucky, governor elected for 4 years, age 85 years, a citizen 
 of the United States, residence 6 years. Ohio, governor elected for 
 3 years. Indiana, governor elected for 4 years. Illinois, governor 
 elected for 4 years, a citizen of the United States, age 35 years, a citizen 
 of the United States' 14 years, a resident 10 years.— Constitutions 1818. 
 In Missouri, (Constitutions 1831) the governor elected for 4 years. In 
 Arkansas, the governor is elected for 4 years (Constitution, 1836), he shall 
 be " a native-bom of Arkansas, or a native-born citizen of the United States, 
 or a resident of Arkansas ten years previous to the adoption of the constitu- 
 tion," if not a native of the United States." In Texas, the governor is 
 elected for 3 years (Constitution 1845), he shall be "a citizen of the United 
 States, or a citizen of the State of Texas, at the time of the adoption ot 
 this constitution. " In Iowa the governor is elected for 4 years (Constitu- 
 tion, 1845), he shall be a citizen of the United States, and a resident of the 
 state 3 years. In Wisconsin, the governor is elected for 3 years, he shall 
 be a citizen of the United States. In California, the governor is elected 
 for 3 years, he shall be a citizen of the United States and a resident of the 
 state 3 years. In Minnesota the governor is elected for 3 years, he shall 
 be a citizen of the United States, and a resident of the state one' year. 
 The following is the constitutional provision of qualification of members of 
 Minnesota legislature: "Senators g,nd representatives shall be qualified 
 voters of the state, and shall have resided one year in the state, and six 
 months immediately preceding the election in the district from which they 
 are elected." Connecticut has the following in its constitution: "Every 
 person shall be able to read any article of the constitution, or any section 
 of the statutes of this state, before being admitted an elector." Massachu- 
 setts has a similar provision in its constitution. Conn, amendment (1855.) 
 In some states the legislature meets annually, and in others biennially. In 
 New Jersey, senators shall be thirty years of age, a citizen of the United 
 States four years, and a resident of the state four years ; in Pennsylvania, 
 (Constitution 1838), a senator shall be twenty-five years of age, a citizen of 
 the United States four years, and a resident of the state four years; in 
 Florida, a senator shall be a citizen of the United States two years, and 
 resident of the state two years ; in Alabama a senator shall be a white citi- 
 zen of the United States three years, and a resident of the state t^w) years. 
 In Mississippi, a senator shall be a citizen of the United States 
 four years; in Louisiana, a senator shall be a citizen of the United 
 States ten years, and a resident of the state four years; in Ten- 
 nessee, senators shall be three years, and a citizen of the United States. 
 The legislative power, in each state, is vested in two houses. The legisla- 
 ture in the states of Massachusetts and New Hampshire is styled the General 
 Court; in Vermont and Rhode Island, the General Assembly ; and in Maine, 
 the Legislature ; in New York, the Senate and Assembly ; New Jersey, 
 Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 
 Florida, Alabama, the General Assembly; Mississippi, the Legislature; in 
 
CONSTITUTIONAIi HISTORY OF UNITED STATES. 31 
 
 Michigan, Senate and House of Eepresentatives ; in Wisconsin, Senate and 
 Assembly ; in California, Senate and Assembly ; and in Minnesota, Senate 
 and House of Representatives. In some states the Legislature is styled the 
 Senate and House of Representatives ; in others, the Senate and Assembly ; 
 in others, the Senate and House of Delegates; and in North Carolina the 
 Senate and House of Commons. The judicial department is elected in 
 Vermont, New York, Maryland, Virginia, Florida, Alabama, Mississippi, 
 Louisiana, Kentucky, Ohio, Indiana, Illinois, Michigan, Wisconsin and 
 Minnesota; and appointed either by the governor, by and with the advice 
 and consent of the Senate or by the legislature in the following states ; 
 Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, 
 New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, 
 Tennessee, Missouri, Arkansas, and Texas. — Constitutions in 1848. 
 Several states of the Union have provided in their constitutions the follow- 
 ing declaration of rights : that all power is inherent in the people ; that all 
 men are born free and equal; that the freedom of speech and of the press 
 shall not be abridged ; the right of trial by jury; the right to bear arms; 
 the right to assemble and to petition for grievances ; that the military shall 
 be subordinate to the civil power ; that private property shall not be taken 
 for public use without just compensation ; that no tax shall be imposed 
 without the consent of the people, that no soldier, in time of peace, shall 
 be quartered in any house without the consent of the owner or occupant; 
 that no person shall be subject to martial law, except such as are employed 
 in the army or navy, or in the militia when in actual service, in time of war, 
 or public danger; that the privilege of the writ of Habeas Corpus shall not be 
 suspended, unless when in cases of rebellion or invasion the public safety 
 may require it ; that the people shall be secure in their persons, houses, and 
 papers against unreasonable searches and seizures ; that the legislature shall 
 pass no bill of attainder, ex post facto law ; that feudal tenures shall he abol- 
 ished; that no person shall be disfranchised " unless by the law of the land, 
 or the judgment of his peers ; " free exercise of religion to all mankind, 
 that all elections shall be free and equal ; that no standing army shall be 
 kept up in time of peace. In Pennsylvania and some other states it is pro- 
 vided (Constitution, 1838) that emigration from the state shall not be pro- 
 hibited. It is provided in Vermont and other states, "that no person 
 shall be liable to be transported out of this state for trial of any oflfence 
 committed within the same." In Delaware and other states, it is provided 
 that "no power of suspending the laws shall be exercised, but by the 
 authority of the legislature.'' In Maryland, it is provided that "sanguinary 
 laws ought to be avoided as far as is consistent with the safety of the state ;"' 
 that a well regulated militia is the proper defence of a free government ; 
 that monopolies are odiousandeontrary to the spirit of a free government. 
 It is provided, in the constitution of Michigan, "that the credit of the state 
 shall not be granted to, or in aid of any person or associaticm. — Constitution, 
 1 836. In Florida, it is provided, that perpetuities and monopolies are contrary 
 to the genius of a free state, and ought not to be allowed." In Alabama — 
 "No human authority ought, in any case whatever, to control or interfere 
 with the rights of conscience." Massachusetts, Virginia and other states 
 have held in their constitutions that the rulers are the servants of the peo- 
 ple, that "the idea of a man born a magistrate, lawgiver, or judge, is 
 absurd and unnatural." In Virginia it is held " that all power is vested in, 
 and consequently derived from the people ; that magistrates are their trustees 
 and servants, and at all times amenable to them." The following states 
 have recognized the right of rebellion in their constitutions : New Hampshire, 
 Massachusetts, Pennsylvania, Florida, Alabama, Mississippi, Kentucky, 
 
33 CIVIL GOYEKNMBNT OF THE STATES. 
 
 Arkansas and Texas. New Hampshire has held, "that the doctrine of 
 non-resistance against arbitrary power and oppression, is absurd, slavish, 
 and destructive of the good and happiness of mankind." — Ibid. For the 
 right of revolution, see the Federalist, No. 32, p. 168. Kent's Comm. 
 vol. 1, pp. 23, 33, 34, 35, and pp. 308, 309; Vattel's Laws of Nations 
 Book 1, chap. 4, p. 18 ; and 1 Blackstone, marginal page 345, top page 184. 
 The States of New Hampshire, Vermont, Massachusetts and North Carolina 
 have retained in their constitutions a religious test. We copy the following 
 from the constitution of North Carolina.— Constitution 1776. " No person 
 who shall deny the being of God, or the truth of the Protestant religion, or 
 the divine authority of either the Old or New Testaments, or who shall 
 hold religious principles incompatible with the freedom and safety of the 
 state, shall be capable of holding any office, or place of trust or profit, in the 
 civil department within this state." — lUd. The following provision is in the 
 constitution of North Carolina (Con. 1776): "No clergyman, or preacher 
 of the gospel of any denomination, shall be capable of being a member of 
 either the senate or house of commons, or council of state, while he 
 continues in the exercise of his pastoral function." — Ibid. The following is 
 held in Massachusetts ; the governor shall ' ' declare himself to be of the Chris- 
 tian religion." The following states have held in their constitutions, that 
 no religious test shall be required as a qualification to any office, or public 
 trust, Delaware, Tennessee, Indiana Illinois. — Constitution 1818. Texas, 
 Iowa, Wisconsin, New Jersey, Alabama, and Minnesota. In some states there 
 is a property qualification for voting and holding office. In Mississippi there 
 is a constitutional provision that ' ' no property qualification for eligibility to 
 office, or for the right of suffirage, shall ever be required by law in this state." 
 This was so in 1848. In Iowa, Wisconsin, California, it is provided, that no 
 distinction shall ever be made by law between resident aliens and citizens, in 
 reference to the possession, enjoyment, or descent of property." The times when 
 the terms of state, county and town officers shall commence are prodded in the 
 state and constitutional laws of the several states, as well as the manner of 
 filling vacaucies in said offices. So the officer to whom resignation of office 
 shall be tendered depends on the constitutions and laws of the several 
 States. In Minnesota, it is provided in the constitution, that the governor 
 shall fill vacancies "in the office of secretary of state, treasurer, auditor, 
 attorney general, and such other state and district offices as may be 
 hereafter created by law, until next annual election, and until their 
 successors are chosen and qualified." — Sec. 4, Art. 5, Con. Minn. "In case 
 the office of any Judge shall become vacant before the expiration of the 
 regular term for which he was elected, the vacancy shall be filled by 
 appointment by the Governor until a successor is elected and qualified. And 
 such successor shall be elected at the first annual election that occurs more 
 than thirty days after the vacancy shall have happened." — Sec. 10, Art. 6, 
 Con. Minn. 9 Minn. 383. Consequently the above officers shall tender 
 their resignation to the Governor. The following provision is in the 
 constitution of some states: " The Governor shall issue writs of election to 
 fill such vacancies as may occur in either house of the legislature." 
 For certain purposes, a state is a corporation. — Abbot's Digest, vol. 5, p. 
 76. When a State is sued process shall be served on the "Governor, or 
 chief Executive magistrate, and the Attorney General of such state." 
 Rules and orders of the Supreme Court of the United States, Aug. 12, 1796. 
 From the foregoing commentaries it can be seen that the states can 
 establish any form of government not anti-Republican in form, and not 
 repugnant to the constitution of the United States, and laws of Congress 
 made in pursuance of the constitution of the United States, and the treaties 
 
CONSTITtrriONAL HI8T0KY OF UNITED STATES. 33 
 
 of the United States. — Gibbons v. Ogden, 9 Wheaton 1. Worcester v. 
 The State of Georgia, 6 Peters 515. The municipal regulations of a state are 
 not binding on the United States.— Palmer v. Allen, 7 Cranch 650. The 
 state cannot tax the constitutional means employed by the general govern- 
 ment to execute its constitutional powers. — McCuUoch v. The State of Mary- 
 land, 4 Wheaton 316. A state cannot tax the property of the United States. 
 —Opinions Atty. Gen. 1 vol. pp. 101-2 ; lb. 469.— i6. 486-7. It is provided 
 by act of Congress, in virtue of the Constitution of the United States, that 
 " all the members of the several state legislatures, and all executive and 
 judicial officers of the several states," shall take an oath to support the con- 
 stitution of the United States, etc. — Brightly's Dig. 706. 
 
 Thb Territorial Goteritment. 
 
 It has been the policy of the United States to organize new territories 
 out of the vast public domain, by an act of Congress, called the 
 organic act, providing a temporary government for such territory. 
 A governor and secretary are appointed by the President of the 
 United States, for 4 years unless sooner removed by the President 
 of the United States. The legislative power is vested in the governor 
 and " a Legislative Assembly." The assembly is composed of two 
 houses, a Council and House of Bepresentatives. Previous to the first 
 election, the governor orders a census of the inhabitants of the territory. 
 The territorial legislature can pass all acts extending to all rightful subjects 
 of legislation, consistent with the constitution of the United States and the 
 provisions of the organic act. — Minn. Statutes, p. 17. The legislature has 
 power to organize counties and townships. All the laws passed by the 
 legislative assembly and governor shall be submitted to the Congress of the 
 United States, and if disapproved, shall be null and of no eflfect. — Ibid. 17. 
 The judicial power or the territorial government is vested in a Supreme 
 Court, District Courts, Probate Courts, and justices of the peace. The 
 Supreme Court consists of a Chief Justice and two associate justices. The 
 territory is divided into three Judicial Districts. One of the Judges of the 
 Supreme Court shall hold a court in each district. An appeal lies from the 
 district courts to the supreme court of the territory ; and an appeal lies 
 from the supreme court of the territory to the supreme court of the United 
 States. An attorney and a marshal are appointed for four years for such 
 territory. Congress provides the manner of taking oath of office by the 
 territorial officers. The governor, secretary, chief justice, and associate 
 justices, attorney and marshal, shall be nominated, and by and with the 
 advice and consent of the Senate, appointed by the President of the United 
 States. The President of the United States is the proper officer to whom 
 the governor and secretary, judges, attorney and marshal shall tender their 
 resignation. — Opinions of the Attorneys General of the United States, 
 vol. 3, pp. 883-4-5-6-7, and vol. 1, pp. 475, 607. A delegate to 
 Congress is elected by the qualified voters entitled to vote for members 
 of the Legislative Assembly. It has been the policy of Congress to 
 pass an act authorizing the inhabitants of a territory to form a state 
 government. It is provided in said act for calling a state convention 
 to form a constitution and state government to be submitted to the 
 people for ratification. The marshal shall take the census of the in- 
 habitants of the proposed state. Said state shall be entitled to one 
 representative to Congress; and such additional representation as the state 
 may be entitled to. Provisions are made in the constitution for the time 
 and manner of electing state officers ; the qualification of voters at the first 
 
84 CIVrL GOVERNMENT OF THE STATES. 
 
 election; and the manner of submitting the constitution to the people for 
 adoption or rejection. It has been the policy of Congress to extend "all 
 the laws of the United States which are not locally inapplicable " to the 
 New States.— 5, Statutes at Large, 788. The new constitution is then sub- 
 mitted to Congress when an act of Congress is passed admitting the new 
 state into the "Union on equal footing with the original states.— Opinions 
 of Attorneys General U. S. vol. 3, pp. 14, 19-30, vol. 1, pp. 101-3, and vol. 
 3, pp. 1006-7-8-9-10. "Foreign-bom child. In the absence of any law 
 of the United States governing the particular case, the question, whether 
 one born out of the United States is a citizen, is to be determined by the 
 common law, as it existed, irrespective of English statutes, at the adoption 
 of the Federal constitution."— Court of Appeals, 1863, Ludlam v. Ludlam, 
 36 N. T., 356. "If it be conceded that a citizen of the United States can 
 renounce his allegiance without the consent of the government, he cannot 
 do this until he becomes a citizen under some other government, and 
 this he is not competent to do until he arrives at full age." — 3id. 
 "Therefore, where a citizen of the United States went to Peru at 
 the age of eighteen years, with the intention of indefinite continu- 
 ance there for the purpose of trading, but took no steps to be nat- 
 uralized in Peru, or to indicate an intention of a permanent change 
 of domicile, otherwise than as before stated, held that his child 
 born to him in Peru of a wife the native of that country, was a citizen of 
 the United States." iM.— Abbott's New York Dig. vol. 7, page 139. 
 "The legislature of this state possesses the whole legislative power of the 
 people, except so far as they are limited by the Constitution. In a judicial 
 sense, and so far as the courts are concerned with its application and con- 
 struction, their authority is absolute and unlimited, except by the express 
 restrictions of the fundamental law." — Court of appeals, 1863. Bank of 
 Chenango v. Brown, 36, N. T. 467; Jbid. 539; Supreme court, 1864; 
 Clarke ». Miller, 43 Barb. 355; Luke v. city of Brooklyn, 43 Ibid. 54. "A 
 child of a naturalized alien. By the act of Congress of April 14 1802, 
 minor children of any parent duly naturalized, and who, at the time of 
 such naturalization of the parent, resided within the United States, are 
 entitled to all the privileges of citizens, immediately on attaining majority. 
 — 8, Page 443, N. Y. Com. Pleas Special Term, 1861. Matter v. Morrison 
 33 Howard, Pr. 99. 
 
 Regulation of Commebce. — NAViGATiojr. 
 
 The power to regulate pilotage is included in the power to regulate com- 
 merce conferred upon Congress by the Constitution of the United States. — 
 9 Wheaton 1, 10 Peters 108 ; 11 lUd. 159, 7 Howard U. S. 383 ; 13 Ibid. 317. 
 And laws and ordinances of a state which conflict with the regulations of 
 an act of Congress, must yield to it.— 11 Peters, 158, N. Y. Superior Ct. 
 1860, Cisco®. Roberts, 6 Bosworth, 494.— Abbotts, N. Y. Dig. vol. 6, p. 117. 
 "Restrictions upon the states, retrospective laws, which do not impair 
 the obligation of contracts, or afiect vested rights, or partake of the char- 
 acter of ex post Jaeto laws, are not prohibited by the Constitution." — 3 
 Dall. 386, 36 Me., 9, Supreme Ct. 1863, Bay v. Gage, 36 Barb. 447. 
 
 States of the Union deemed Cobpoeations. 
 
 The individual states having submitted their interfering territorial claims 
 to the judiciary of the United States, are, in reject to those rights, to be 
 deemed to have ceded their sovereignty to the United States, and to be, so 
 far considered as corporations ; and the right of a state to grant lands so 
 situate, must be judged by the same rules of common law as the rights of 
 
CONSTITUTIONAL HISTOKT OF UNITED STATES. 85 
 
 persons ; so that a conveyance of the lands, if adversely held, is void. Ct. 
 
 of Errors, 1800, "Woodworth v. James, 2 Johnson's cases, 417; Supreme 
 Court, 1800, Whitaker v. Cone 75. 58; Belding v. Pitkin, 3 Caine, 147. 
 "Though the parties of one part to a contract are foreigners, and the con- 
 tract is made without the state, if it is performed within this state they 
 must be presumed to know the laws of the state, and are in pari delicto. 
 There cannot be one rule for the foreigner and an other for the citizen." 5 
 Selden 53, 3 Comstock, 266, Ct. of Appeals 1858, Dewitt «. Brisbane 16 N. 
 Y. (2 Smith) 508. "Eemoving from the country, O. and his family, na- 
 tives of New York, joined the British forces in 1782, and never returned to 
 reside in this country. Held, that having thus elected to continuous allegi-' 
 ance to the British crown, they must be regarded as aliens and not entitled 
 to inherit." 20 Johnson 813, 8 Peters 99. Supreme court 1843, Orser «. 
 Hoag, 3 Hill, 79. " Citkenshi'p by Mrth. L. was born in the city of New 
 York, in 1819, of alien parents, during their temporary sojourn in that city. 
 She returned vrith them the same year, to their native country, and always 
 resided there afterwards. Held, that she was a citizen of the United States." 
 Lynch ». Clarke, 1 Sandford ch. 583, 638; S. C. 3 N. Y. Leg. obs. 236. 
 "• Alien liaMe for crime. That an alien, in whatever manner he may have 
 entered our territory, is, if he commit a crime while here, amenable to our 
 criminal law." - Supreme Court 1841. — People v. McLeod, 25 Wend, 483, 573, 
 S. C. IHill, 377. " An alien cannot be admitted as a counsellor of this court, 
 since he cannot take the oath of allegiance, etc.— Supreme Court, April, 1801, 
 case of Mr. Caines, 3 Johnson's cases, 499. "The enlistment of an alien into 
 the army of the United States is valid and binding on the alien enlisted." 
 Supreme Ct. 1843, the United States ». Wyngall, 5 Hill 16. '■'■ Rencnmmng 
 nattt/ralization. A naturalized citizen who continues to reside here is liable 
 to be sued in the state courts as a citizen. He cannot make himself an alien 
 by merely taking an oath of allegiance to a foreign power, he must, at least, 
 also change his residence. Supreme Court, 1801, Fish «. Stoughton, 2 John- 
 son's cases, 407. Decisions of the Federal courts. Upon questions arising up- 
 on the construction of the Federal constitution, the decisions of the courts of 
 the United States, are final and conclusive ; and will be followed by the courts 
 of this state, whatever may be their own views upon the question." St. Ap- 
 peals, 1850, McConnick v. Prickering, 4 N. Y. (Comst.), 276. Supreme 
 Court, 1819, Roosevelt «. Cebra, 17 John, 108, Ct. of Errors, 1838, Cochran 
 V. Van Surlay, 20 Wend, 365 ; Supreme Court 1843, Kunzler •». Kohans, 5 
 Hill, 317,3 Cowen, 713. "The Supreme Court is bound, when called uponin 
 due form to do so, to pronounce invalid all acts of the legislature clearly 
 conflicting with the fundamental law of the constitution." Supreme Court 
 1857, Clarke«. City of Rochester, 34 Borb, 446, S. C— 5 Abbott's Pr. 107,8. C. 
 14, How, Pr. 193. ," It seems, that although the declaration of independence 
 was made by congress on the 4th of July, 1776, and although the convention 
 of delegates of this state adopted the declaration onthe 9th, and although we 
 had committees and temporary bodies of men, who took charge of the public 
 safety we (the State of N. Y.) had no executive, legislative, or judicial 
 authority, nor any organized government until the adoption of the 
 Constitution on the SOth of April, 1777. Jackson «. White 20 Johnson 313. 
 
36 CIVIIi GOVERNMENT OF THE STATES. 
 
 CHAPTER v.— FEDERAL GOVERNMENT OF THE UNITED STATES 
 
 OF AMERICA. 
 
 It has been held by high authority that the states were sovereign before 
 the union. Kent. vol. 1, p. 208. Madison and others have held that they 
 are sovereign under the Constitution of the United States. Federalists, 
 No. 40, p. 213. Articles of confederation of Nov. 15, 1777. 1 Kent's 
 Comm. p. 310. Supreme Court United States, McUvaine vs. Coxe, 4 
 Cranch, 209. Warren Manufacturing Company, m. Mtna. Insurance 
 Company, 12 Paine, 501. Buckner «. Finley 12 Peters, 590. Dodge «. 
 Woolsey, 18 How. 350. Bank of the United States, v. Daniels, 12 Peters, 
 33 Bank of Austa «. Earle, 13 Peters, 520. Dodge «. Woolsey, 18 
 How. 350-1. Ohio Life Insurance Company v. Debolt, 16 How. 428. 
 The thirteen colonies entered into a confederation styled the "confederacy 
 of the ifnited States of America." Arts. Confederation. Art. 1. The 
 old Congress was composed of delegates annually appointed in such ' ' a 
 manner as the legislature of each state shall direct." 5. Art. Confed. — Each 
 state maintained its own delegates. — Art. 5. Confed. Each State had the 
 right to recall its delegation. — Art. 5. Confed. Each state had but one 
 vote. — Art. 5. Confed. All disputes between the States were decided 
 by Congress. — Arts. Confed., 9. It was further provided that no 
 two or more states should enter into any treaty; that no state 
 should lay imposts and duties or keep vessels of war in time 
 of peace; that no state should engage in war without the consent 
 of Congress. Congress had power to regulate the "value of coin 
 struck by their own authority;" to regulate trade and manage Indian 
 affairs ; to establish post offices ; to borrow money. It was also provided 
 that alterations in the articles of confederation should be confirmed by the 
 "legislature of every state;" and that the "Union shall be perpetual," — 
 Art. 13, confed. The following clause was inserted in the articles of con- 
 federation, to prevent the federal government from encroaching on the 
 rights of the states by the exercise of implied powers. " Art. 2, Each state 
 retains its own sovereignty, freedom, and independence, and every power, 
 jurisdiction and right, which is not by the confederation expressly delegated 
 to the United States in Congress assembled." — Art. 2, confed. Before the 
 constitution of the United States went into operation (on the first Wednes- 
 day in March 4, 1789, Owings v. Speed, 5 Wheaton 420) all the departments 
 of government were blended in one mass — 1 Kent's Comm. 214, nearly 
 similar to a state or county convention. The federal form of government re- 
 mained in force until the 4th day of March, 1789, when the new constitution 
 went into operation. — Kent's Comm. vol. 1, p. 219, Owings ®. Speed, 5 
 Wheaton, R. 240. The constitution of the United States has divided the 
 co-ordinate powers of the government into three departments, the 
 legislative, executive and judicial. Federalist No. 47, pp. 361-2-3-4-5- 
 6-7. These co-ordinate branches were intended as mutual checks and 
 balances. The president has a veto on the acts of Congress, but Congress 
 can pass a bill by two-thirds of the votes cast over the president's veto. 
 Again, one house of Congress is a check on the deliberations of the other; 
 and the judiciary is the final tribunal to settle disputes between the 
 Congress and the executive; and to decide on the constitutionality of 
 the laws and treaties of the United States; and to decide on conflicts 
 
CONSTlrUTIONAl HISTORY OF UNITED STATES. 87 
 
 between the state governments and the federal government, and con- 
 troversies between two or more states. Constitution of U. S. Art. 3. sec. 
 2. The Federalist No. 49, p. 275, Fed. No. 51, p. 281. The United States 
 can exercise no other powers or authority over the states or the in- 
 habitants thereof but such powers as have been delegated to it by the con- 
 stitution of the United States, expressly, or by necessary implication. 
 Brisco v. the Bank of the commonwealth of Kentucky 11 Peters 257. 
 United States v. Bailey. 1 McLean 234. Dodge v. Woolsey 18 How, 349. 
 It would be as gross usurpation on the part of the Federal government to 
 interfere with state rights by an exercise of powers not delegated as it would 
 be for a state to interpose its authority against a law of the Union." Craig 
 V. Missouri, 4 Peters, 463. Alabama v. Booth, 21 How, 506, Ex parte Mil- 
 ligan, 4 Wallace, 4. Tvdtchell e. The commonwealth, 7 Wallace, 331 (in 
 year 1868) Texas v. White, 7, Wallace, 700. Hepburn «. Griswold 
 8 Wallace, 603. United States v. Hudson, 7 Cranch, 32. The 
 Supreme Court of the United States has, from time to time, been appealed 
 to for the settlement of boundaries between the states, Rhode Island v. 
 Massachusetts, 12 Peters 657. United States v. Combes, 12 Peters 72. 
 The Supreme Court have decided that all state laws repugnant to the laws, 
 treaties, and constitution of the United States are void. Amis v. Smith, 16 
 Peters 303. The same court have decided that the government of the 
 United States acts on the people within the scope of the constitution ; and 
 that the governments of the states act on the people unless such powers 
 conflict with the constitution of the United States. Rhode Island v. the 
 State of Massachusetts 12 Peters 657. 
 
 CONGKBSS. 
 
 The legislative powers of Congress are vested in two houses of Congress ; 
 a Senate and House of Representatives. The members of the House of 
 Representatives are elected by the people of the several states, by the elec- 
 tors qualified to vote for members of the " most numerous branch of the 
 state legislature," that is, for members of the assembly or House of Repre- 
 sentatives. Members of Congress shall be citizens of the United States and 
 of the age of twenty-five years. "Each House shall be judge of the elec- 
 tions, returns, and qualifications of its own members." The House of 
 Representatives elects its own speaker ; and with the concurrence of two- 
 thirds, expel a member. The question has been raised whether a Senator 
 or Representative can be impeached, under sec. 4, Art. 2 Constitution of 
 the United States. Held by Judge Story in his Commentaries, vol. 2, pp. 
 259-262, and by the Supreme Court in the case of Anderson v. Dunn. 
 6 Wheaton 204, that members and senators of Congress cannot be 
 impeached; that though members and senators are not responsible 
 for words spoken in Congress, yet if a member causes his speech 
 to be published he may be indicted for it or sued on a civil action for 
 libel. — Kent's Comm., p. 235, (note). The legislature, under the con- 
 stitution, provides for the times, places, and manner of holding 
 elections for Senators and Representatives. The Constitution pro- 
 vides for filling vacancies in the House of Representatives, thus, 
 when vacancies happen in the representation from any state, the executive 
 authority thereof shall issue writs of election to fill such vacancies." Con. 
 U. S. sec. 4. Art. 1. So when a member of Congress resigns he should 
 tender his resignation to the House of Representatives and to the executive 
 of his state. Congress shall meet annually on the first Monday in December. 
 The first Congress met under the present constitution on Wednesday, 
 
38 CIVIL GOYBBNMENT OV THE STATES. 
 
 March 4, 1789. Two years make one Congress, counting from March 4, 
 1789. The senate of the United States is composed of two senators from 
 each state. Senators shall be 30 years of age and citizens of the United 
 States. Senators are elected by the state legislature by joint vote or ballot 
 of the two houses. — See Minn, constitutions, Art. 4. sec. 26, and 1 Kent Com. 
 pp. 325-6. The "Vice-President of the United States shall be President of 
 the senate. The senate can expel a member by "two-thirds vote of the 
 senate." The executive of each state issues writs of "election to fill 
 vacancies. When a senator resigns he should tender .his resignation 
 to the senate and the executive authority of his state. — 1 Kent's 
 Comm. 234. It has been held by high authority that senators are not 
 impeachable, under section 4. Art. 3, of the constitution of the United 
 States. — 1 Kent's Comm. p. 235. note. — Anderson v. Dunn. — 6 Whea- 
 ton, K. p. 304. — Story's Coram, constitution, vol. 3. pp. 259-362. 
 The senate is the high court of impeachment for trying the "President, 
 Vice-President, and all civil officers of the United States, but the House of 
 Representatives " shall have the sole power of impeachment. The Senate 
 tries the case and passes judgment of guilty or not guilty, as the case may 
 be. No person shall be convicted without the concurrence of two-thirds 
 of the members present, judgment extends to "removal from office, and 
 disqualification to hold and enjoy any office of honor, trust, or profit, under 
 the United States. But the party convicted is subject to be indicted. 
 Bills for raising revenue shall originate with the House of Representatives. 
 A majority of each House shall constitute a quorum to do business. 1, 
 Kent's Comm. pp. 235-6. Act of Congress, June 1, 1789, prescribes the 
 oath of office for senators and members of Congress, as follows: "1. The 
 oath or affirmation required by the sixth article of the Constitution of the 
 United States, shall be administered in the following form, to wit: "I, A. 
 B. do solemnly swear or affirm' (as the case may be) tJiat I will support the 
 Constitution of the United States. " 2. At the first session of Congress after 
 every general election of representatives, the oath or affirmation aforesaid 
 shall be administered by any one member of the House of Representatives 
 to the speaker ; and by him to all the members present, and to the clerk, 
 previous to entering oh any business ; and to the members who shall after- 
 wards appear, previous to taking their seats. The president of the senate 
 for the time being shsU also administer the said oath or affirmation to each 
 senator who shall hereafter be elected, previous to his taking his seat ; and 
 in any future case of a president of the senate, who shall not have taken 
 the said oath or affirmation, the same shall be administered to him by any 
 one of the members of the senate. — Brightly's Digest. The oath of office to 
 be taken by the secretary of the Senate and cleik of the House 
 of Representatives is prescribed by the act of June 1, 1789. — Bright- 
 ly's Digest, 169. The framers of the Constitution intended that each house 
 should be a check on the other. — 1 Kent's Comm. p. 236. For the ex- 
 press powers of Congress, see sec. 8. Art. 1. Constitution of the United 
 States. For the Constitutional restrictions on the powers of the states see 
 sec. 9. Art. 1. Constitution of the United States, Federalist No. 44. pp. 241- 
 2-3-4-5-6. No. 43, p. 236. No. 46, p. 354. vide ». Azie v. Moore, 14 
 Howard, R. 568—345. 30 Curtis Sup. C. R. Smith v, Maryland 18 Howard 
 R. 71. Conway «. Taylor's Ex. 1 Black's R. 603. 30 Howard p. 66. Ableman 
 V. Booth 31 Howard R. p. 506. Bank of Commerce v. New York City. 3 
 Black's R. p. 630, Cummings v. the State of Missouri 4 Wallace R. p. 237. 
 Crandall v. the state of Nevada, 6 Wallace R. p. 35, Veazie Bank v. Fenno 
 8 Wallace R. p. 533 Railroad Company v. McClure, 10 Wallace R. p. 511. 
 The collector v. Day 11 Wallace, R. p. 113. Taylor «. Defrees 11 Wallace,' 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 89 
 
 R. p. 331. United States v. Miller 11 Wallace R. p. 269. and 1 Dillon C. C. 
 R. p. 469. Gibbons v. Ogden, 9 Wheaton 208. The city of New York ■». 
 Milner, 11 Peters 103. Groves v. Slaughter, 15 Peters 509, Prigg v. Comm". 
 Pennsylvania, 16 Peters 635; Brouen v. Maryland, 13 Wheaton 438-446. 
 We give from Chancellor Kent the mode of passing laws in the Congress of the 
 United States; "The ordinary mode of passing laws is briefly as follows: 
 one day's notice of a motion for leave to bring in a bill, in cases of a 
 general nature, is required. Every bill must have three readings previous 
 to its being passed, and these readings must be on different days, and no 
 bill can be committed or amended until, it has been twice read. Such 
 little checks, in the forms of doing business are prudently intended to 
 guard against surprise or imposition. In the House of Representative?, 
 bills, after being twice read, are committed to a committee of the whole 
 House, when the speaker leaves the chair, and takes part in the debates as 
 an ordinary member, and a chairman is appointed to preside in his stead. 
 When a bill has passed one house, it is transmitted to the other, and goes 
 through a similar form; though, in the senate there is less formality, 
 and bills are often committed to a select committee, chosen by ballot. 
 If a bill be altered or amended in the house to which it is transmitted, it 
 is then returned to the house in which it originated, and if the two houses 
 cannot agree, they appoint committees to confer on the subject. When a 
 bill is engrossed, and has passed the sanction of both houses it is trans- 
 mitted to the President of the United States for his approbation, if he 
 approves of the bill, he signs it. If he does not, it is returned, with his 
 objections, to the house in which it originated, and that house enters the 
 objections at large on its journals and proceeds to reconsider the bill. If 
 after such reconsideration, two-thirds of that house should agree to pass the 
 bill, it is sent, together with the objections, to the other house, by which it 
 is likewise reconsidered, and if approved by two-thirds of that house, it 
 becomes a law, " two-thirds of members present. — Kent. p. 339. note. "But, 
 in all such cases, the votes of both houses are determined by yeas and 
 nays, and the names of the persons voting for or against the bill are entered 
 on the journals. If any bill shall not be returned by the President within 
 ten days (Sunday excepted) after it shall have been 'presented to him, the 
 same becomes a law, equally as if he had signed it unless Congress, by 
 adjournment, in the meantime, prevents its return, and then it does not 
 become a law." — 1 Kent's Comm. pp. 338-39-40. Jeflfer's Manual, and 
 Cusbing's Rules of proceedings and debates, etc. Congress cannot control 
 a State legislature. On November 30, 1779, Congress requested the legisla- 
 ture of Massachusetts to stop certain suits then pending in that State, but 
 Massachusetts failed to comply. Opinions of the Attorneys General of the 
 United States, vol. 1, pp. 81-3. Congress cannot abolish Jury trial, unless 
 in cases arising in the Army, Navy, or Militia in time of war. Opinions of the 
 Attorneys General, vol, 1. p. 303. No act can be made an oflfence against the 
 United States except by act of Congress. The courts of the United States 
 cannot punish for a common law ofience. Opinions of the Attorney General 
 of the United States, vol. 1, p. 153. Ibid. 48. It has been held by high au- 
 thority that a conflict of authority between the Executive and the Judiciary 
 could be avoided by an explanatory act of Congress. Opinions of the Attor- 
 ney General, U. S. vol. 1, p. 835. Congress have, under the constitution, the 
 right to regulate commerce with foreign nations and among the several 
 states. Under this power Congress can regulate the intercourse between 
 the United States and foreign nations, and between the several states. No 
 state can interdict vessels from entering the harbors of the United States, 
 so lono' as they conform with the laws and regulations of Congress. 
 
40 CrVTL GOVERNMENT OP THE STATES. 
 
 Opinions of the Attorneys General U. States, vol. 1, pp. 492-493. Act of 
 Congress Feb. 35, 1799, provides that the <(uarantine laws of the states 
 shall be observed by the Federal ofilcers. Brightly's Dig. 810. It has been 
 held that a state could pass quarantine laws. Opin. Atty. Gen, vol. 1, pp. 
 716-17. Norris v. city of Boston, 4 Metcalf 28a, Groves v. Slaughter, 15 
 Peters' Rep. 509 ; Prigg v. The commonwealth of Pennsylvania 16 Peter's 
 Rep. 625. 5 Howard, 578, Milne v. New York, 11 Peters' B. 130, Holmes v.. 
 Jennison 14 Peters' 568-9 Wheaton 203. When there is any doubt as to the 
 meaning of an act of Congress it can be explained either by the Supreme 
 Court or by an explanatory Act of Congress. Opinions Attys, Gen. U. S. 
 vol. 1, p. 578. Such was the solicitation of the early judges and executives 
 of the United States to avoid a conflict of authority, that in a doubtful case 
 the chief justices recommended an explanatory act of Congress. Congress,, 
 under the constitution, have the power to declare war, raise and support 
 armies. Sec. 8, Art. constitution. It has been the rule of Congress to 
 declare war against a public enemy ; but " war between the United States 
 and a public enemy may exist without the sanction of Congress — as where 
 an unexpected war is commenced against the United States, and waged ' 
 before Congress act upon the subject." Opinions Attys. Gen. vol. 3. p. j 
 1168. Congress provides for calling out the Militia of the states; but the 
 mititia officers appointed by the state authorities cannot be ousted by the| 
 officers of the United States — "not even by the President himself." Opin-1 
 ions Attys. Gen. vol. 2. pp. 996-7. Kent's Comm. vol. 1, pp. 261-2-3. ln\ 
 July 7, 1838, Congress passed a special act to pay the militia of New York, 
 who were called out by the governor to protect the frontier. Opin- , 
 ions Attys. Gen. U. S. vol. 2, p. 1319. "The powers of Congress 
 extend generally to all subjects of a national nature." Kent's Com. vol. 
 1, p. 236. The constitution, Art. 2, Sec. 1, provides that the executive 
 power shall be vested in a President, that he shall be thirty-five 
 years of age and a natural - bom citizen or a citizen of the United 
 States at the time of the adoption of the constitution, and fourteen years a 
 resident of the United States. He holds his office for four years. On the 33d 
 January, 1845, Congress, by virtue of the constitution Art; 2. Sec. 4. 
 provided for holding elections, for the election of Presidential electors, for 
 the election of President and Vice President, on the Tuesday next after the 
 first Monday in the month of November, in which they are to be appointed. 
 — 1 Kent. p. 375, note. It is provided in the constitution — Art. 3, sec. 1, 
 " That the number of electors in each state shall be equal to the whole 
 number of senators and representatives which the state is entitled to send 
 to Congress; and, according to the apportionment of Congress." "And 
 to prevent the person in office, at the time of the election, from having 
 any improper influence on his reSlection, by his ordinary agency in the 
 government, it is provided, that no member of Congress, nor any person 
 holding an office of trust or profit under the United States, shall be an 
 elector; and the Constitution has in no other respect defined the qualifica- 
 tions of the electors." — Art. 3, sec. 1, and Art. 3, sec. 3, 3. "These 
 electors meet in their respective states, at a! place appointed by the Legis- 
 lature thereof, on the first Wednesday in December in every fourth year 
 succeeding the last election, and vote by ballot for President and Vice- 
 President, (for this last officer is elected in the same manner, and for the 
 same time as the President,) and one of whom, at least, shall not be an 
 inhabitant of the same state with the electors. They name in their ballots 
 the person voted for as President, and, in distinct ballots, the person voted 
 for as Vice-President ; and they make distinct lists of all persons voted for 
 as President, and of all persons voted for as Vice-President and of the 
 
CONSTITUTIONAL HISTORT OP UNITED STATES. 41 
 
 number of votes for each, which lists they sign, and certify, and transmit, 
 sealed, to the seat of the government of the United States, directed to the 
 President of the senate. The act of Congress of 1st of March, 1793, sec. 3, 
 directs, that the certificate of the votes shall be delivered to the President 
 of the senate before the first Wednesday of January next ensuing the elec- 
 tion. The President of the senate, on the second Wednesday in February 
 succeeding every meeting of the electors, in the presence of both houses of 
 CongresSj opens all the certificates, and the votes are then to be counted. The 
 constitution does not expressly declare 6y whom the votes are to be counted 
 and the results declared. In the case of questionable votes, and a closely 
 contested election, this power may be all-important ; and, I presume, in the 
 absence of all legislative provision on the subject, that the president of the 
 senate counts the votes and determines the result, and that the two houses 
 are present only as spectators, to witness the fairness and accuracy of the 
 transaction, and to act only if no choice be made by the electors." — 1 Kent's 
 Comm. p. 376. " In determining the result of the election for President in 
 1841, it was declared by joint resolution of the two houses of Congress, that 
 one person be appointed teller on the part of the senate, and two on the part 
 of the House of Representatives, who were in the presence of the two houses 
 to make a list of the votes as they should be declared, and the result declared 
 to the president of the senate who was the presiding officer, and to announce to 
 the two houses the state of the vote and the person elected. The Vice- 
 President, in this case, broke the seals of the envelopes of the votes and 
 delivered the same over to the tellers to be counted. The tellers having 
 read, counted, and made duplicate lists of the votes, they were delivered 
 over to the Vice-President, and read and he then declared the result, and 
 dissolved the joint meeting of the two houses."— -Kent, vol. 1, pp. 376-7. 
 In 1801 and 1834, as no choice was made the House of Representatives re- 
 tired and voted, and the senate were admitted to be present as spectators. 
 The House of Representatives, in such case, are to choose immediately, 
 though the constitution hold their choice to be valid if made before the 
 fourth of March following. And in the cases of the elections, at the 4th 
 Presidential election, in 1801, Thomas Jefferson and Aaron Burr were the 
 democratic candidates for President and Vice-President. By the electoral 
 returns they had an even number of votes. The election was carried' to the 
 House of Biepresentatives. The House was so divided that there was a tie. 
 A contest was carried on for several days, so that sick members were brought 
 to the House on their sick beds. One of Burr's friends withdrew which 
 elected Jefferson by one majority. This occurred on the 36 ballot. This led 
 to the 13 article of amendments to the constitution. The person having the 
 greatest number of votes of the electors for President, is president, if such 
 number be a majority of the whole number of electors appointed ; but if no 
 person have such a majority, then, from the person having the highest 
 number, not exceeding three, of the list of those voted for as president, the 
 House of Representatives shall choose immediately by ballot the president. 
 But in choosing the President, the votes shall be taken by states, the repre- 
 sentation from each state having one vote. A quorum for this purpose shall 
 consist of a member or members from two-thirds of the states, and a major- 
 ity of all the states shall be necessary to a choice. If the House of Rep- 
 resentatives shall not choose a President, whenever the right of choice shall 
 devolve upon them, before the fourth day of March next following, then the 
 Vice-President shall act as President, as in case of the death or other con- 
 stitutional disability of the President. — Amendments, Art. 13. The person 
 having the greatest number of votes as Vice-President, is Vice-President, 
 if such number be a majority of the whole number of electors appointed ; 
 
43 CIVIL GOTERNMBNT OF THE STATES. 
 
 and if no person have a majority, then, from the two highest numbers on 
 the list, the senate shall choose the Vice-President; a quorum for the 
 purpose shall consist of two-thirds of the whole number of senators, and a 
 majority of the whole number is necessary to a choice; and no person 
 constitutionally ineligible to the office of President, shall be eligible to that 
 of Vice-President of the United States. — Amendments, Art. 13. — The 
 constitution does not specifically prescribe when or where the senate is to 
 choose a Vice-President, if no choice be made by the electors ; and, I 
 presume, the senate may elect by themselves, at any time before the fourth 
 day of March following. " The President and Vice-President are equally to 
 be chosen for the term of four years; and it is provided bylaw." — Act 
 congress, March 1, 1793, "that the term shall, in all cases, commence on 
 the fourth day of March next succeeding the day on which the votes of the 
 electors shall have been given." "In case of the removal of the President 
 from office, or of his death, resignation or inability to discharge the powers 
 and duties of the office, the same devolve on the Vice-President ; and except 
 in cases in which .the President is enabled to re-assume the office, the Vice- 
 President acts as President during the remainder of the term for which the 
 President was elected. Congress are authorized to provide, by law, for the 
 case of removal, death, resignation, or inability, both of the President and 
 Vice-President, declaring what officer should then act as President ; and the 
 officer so designated is to act until the disability be removed, or a President 
 shall be elected, and who is in that case to be elected on the first Wednes- 
 day of the ensuing December, if time will admit of it, and if not, then on 
 the same day in the ensuing year. " And if the office should, by the course of 
 events, devolve on the speaker, of the Congress for which the last speaker 
 was chosen had expired, and before the next meeting of Congress, it might be 
 a question who is to serve, and whether the speaker of the House of Represen- 
 tatives, then extinctjCould be deemed the person intended." 1 Kent's Com.378. 
 Act March 1, 1793, — 1 Statutes 339. "The electors shall meet and give 
 their votes on the said first Wednesday in December, at such place in 
 each state as shall be directed, by the legislature thereof; and the electors 
 in each state shall make and sign three certificates of all the votes by them 
 given, and shall seal up the same, certifying on each that a list of the votes 
 of such state for president and vice-president is contai&ed therein, and 
 shall by writing under their hands, or under the hands of a majority of 
 them, appoint a person to take charge of and deliver to the president of 
 the senate at the seat of government, before the first Wednesday in January 
 then next ensuing, one of the said certificates, and. the said electors shall 
 forthwith forward by the post office to the president of the senate, at the 
 seat of government, one of the said certificates to be delivered to the judge 
 of that district in which 'the said electors shall assemble." "The executive 
 authority of each state shall cause three lists of the names of the electors 
 of such state to be made and certified and to be delivered to the electors 
 on or before the said first Wednesday in December, and the said electors 
 shall annex one of the said lists to each of the lists of their votes." 4. If a 
 list of votes, from any state, shall not have been received at the Seat of 
 Government on the said first Wednesday in January, that then the secretary 
 of state shall send a special messenger to the district judge in whose 
 custody such list shall have been lodged, who shall forthwith transmit 
 the same to the seat of government. 5. "Congress shall be in session on 
 the second Wednesday in February 1793, and on the second Wednesday in 
 February succeeding every meeting of the electors, and the said certificates, 
 or so many of them as shall have been received, shall then be opened, the 
 votes counted, and the persons who shall fill the offices of presi- 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 43 
 
 dent and vice-president ascertained and declared, agreeably to the 
 Const;itution (see the twelfth amendment to the Oonstitution which was 
 adopted_ after the passage of this act.") 6. "In case there shall be 
 no president of the senate at the seat of government on the arrival 
 of the person intrusted with the . list of the votes of the electors, 
 then such person shall deliver the lists of votes in their custody into the 
 office of the secretary of state, to be safely kept and delivered over as soon 
 as may be, to the president of the senate." 7. If any person appointed to 
 deliver the votes of the electors to the president of the senate, shall, after 
 accepting of his appointment, neglect to perform the services required of 
 him by this act, he shall forfeit the sum of one thousand dollars." 8. In 
 case of removal, death, resignation, or inability both of the president and 
 vice-president of the United States, the president of thp senate pro tempore, 
 and in case there shall be no president of the senate, then the speaker of the 
 house of representatives, for the time being, shall act as president of the 
 United States until the disability be removed or a President shall be elect- 
 ed." 9. Whenever the offices of president and vice-president shall both 
 become vacant, the secretary of state shall forthwith cause a notification 
 thereof to be made to the executive of every state, and shall also cause the 
 same to be published in at least one newspaper printed in each state, spe- 
 cifying that electors of the president of the United States shall be appointed 
 or chosen in the several states within thirty-four days preceding the first 
 "Wednesday in December then next ensuing; provided, there shall be the 
 space of two months between the date of such notification and the said first 
 Wednesday in December ; but if there shall not be the space of two months 
 between the date of such notification and the first Wednesday of December ; 
 and if the term for which the president and vice-president last in office 
 were elected shall not expire on the third day of March next ensuing, then 
 the secretary of state shall specify in the notification that the electors shall 
 be appointed or chosen within thirty-four days preceding the first Wed- 
 nesday in December in the year next ensuing ; within which time the elec- 
 tors shall accordingly be appointed or chosen, and the electors shall meet 
 and give their votes on the said first Wednesday in December, and the pro- 
 ceedings and duties of the said electors and others shall be pursuant to 
 the directions prescribed in this act." 10. The only evidence of refusal to 
 accept or of a resignation of the office of president or vice-president, shall be 
 an instrument in writing declaring the same, and subscribed by the person 
 refusing to accept or resigning, as the case may be, and delivered into the 
 office of the secretary of state;" 11. "The term of four years for which a 
 president and vice-president shall be elected shall in all cases commence on 
 the fourth day of March next succeeding the day on which the votes of the 
 electors shall have been given." 13. "The person appointed by the 
 electors to deliver to the president of the senate, a list of the votes for 
 president and vice-president, shall be allowed, on delivery of said list, 
 twenty-five cents for every mile of the estimated distance, by the most usual 
 rout, from the place of meeting of the electors to the seat of government of the 
 United States, going and returning. " 13. " The electors of president and 
 vice-president shall be appointed in each state on the Tuesday next after the 
 first Monday in the month of November of the year in which they are to 
 be appointed; Provided, that each state may by law provide for the 
 filling of any vacancy or vacancies which may occur in its college of electors 
 when such college meets to give its electoral vote : And provided also, when 
 any state shall have held any election for the purpose of choosing electors, 
 and shall fail to make a choice on the day aforesaid, then the electors may 
 be appointed on a subsequent day in such manner as the state shall by law 
 
44 CrVIL GOVERNMENT OP THE STATES. 
 
 provide. 75. 253-4. 1 Kent's Com. 277, note. The president is commander- 
 in-chief of the army and navy, and of the militia of the several states, 
 when called into the service of the United States. He has the 
 power to grant reprieves and pardons for offences against the United 
 States, except in cases of impeachments. It has been decided by 
 the attorney general of the United States, that the President can pardon 
 conditionally. That the president can pardon before condemnation. Opinions 
 of the Attorneys Gen. U. S. vol. 1, p. 251. The president may pardon for 
 contempt of court. Op. Attys. Gen. U. S. vol. 2, p. 1382. lb. vol. 2, 1034. 
 "There can be no doubt of the power of the President to order a noUe prose- 
 qui in any stage of a ciimiual proceeding in the name of the United States ; 
 such an order, however, is never hastily given, because it interferes with 
 the action of an other branch of the government, viz. : the judiciary." 
 Opinions of the Attys. Gen. vol. 1, p. 335, A 723-4, 730-732. Now, if the 
 President may order a prosecution begun, to be discontinued, it is evident 
 that he may forbid the commencement. And if, after the seizure of the proper- 
 ty, and before it is libelled, he becomes satisfied that it has been wrongfully 
 and improperly seized, he may direct the district attorney not to institute 
 proceeding against it. The president is the proper authority to authorize 
 the agents of the government to settle and adjust claims with the States. 
 Opinions Attys. Gen. United States, vol. 2, p, 983. — Opinions of the attor- 
 neys general United States, vol. 2. p. 862.— ij. 1241-2 vol. 1. p. 169, vol. 7 
 p. 267. The President, by and with the advice and consent of the senate, has 
 power to make treaties with foreign powers and with Indians, provided 
 two-thirds of the senate present concur. — Kent's Com. vol. 1, p. 284. Thus, 
 the President is the constitutional organ of communication with foreign 
 powers. The president is the functionary who acts with foreign nations or 
 powers or their agents and through the law officer of the district informs 
 the judiciary of violations of the law which come under the juris- 
 diction of the courts. — 7 Cranch 116. 2 Dallas 365. The President is 
 vested with that portion of the national power which relates to foreign 
 nations. Opinions Attys. Gen. vol 1. p. 880. International questions with 
 foreign nations usually sent to the secretary of state, who lays such papers 
 before the President. Opinions Attys. Gen. vol. 1, pp. 734-5. The 
 president nominates, and, with the advice and consent of the senate, 
 appoints ambassadors, or public ministers and consuls, the judges of the 
 Supreme Court, and all other officers whose appointments are not other- 
 wise provided for in the constitution; but congress may vest the 
 appointment of inferior officers in the president alone, in the courts 
 of law, or in the heads of departments. The " nomination to the office 
 by the President, confirmation by the senate, signature of the commis- 
 sion, and affixing to it the seal of the United States, are all the acts 
 necessary to render the appointment complete." — United States v. La 
 Baron, 19 Howard 73. Kent's Com. p. 287. Judges of the Supreme Court, judges 
 of the District Courts, heads of departments, consuls, ambassadors and public 
 ministers and all other officers who are appointed by the president, under 
 the constitution, or the laws of congress, should tender their resignation 
 to the President. Ex parte Duncan N. Hennen 13 Peters 235, act of 
 Congress Feb. 20, 1863, 12 Statutes at Large 666, Brightly's Dig. 115. 
 For the power of the President to remove officers whose commission shall, 
 last during the pleasure of the President — see opinions Attys. Gen. vol. 1, 
 p. 157. The President makes all appointments which may occur during 
 the recess of the senate, though the vacancy did occur before the adjourn- 
 ment of the senate.— Opins. Attys. Gen. vol. 1, p. 476, Hid. 326. Ibid. 480. 
 The President has the power of appointing such officers, as are established 
 
CONSTITUTIONAI, HISTORY OP UHITKD STATES. 45 
 
 by law.— Op. Attys. Gen. vol. 1, p. 710, see judicial acts 1789-1790. It has 
 been decided by the supreme court of the United States, in the case of ex 
 parte Duncan N. Hennen. 13 Peters 225, that the power of removal is 
 vested in the President. That the power of removal is incident to the 
 power of appointment, ex parte Duncan N. Hennen 13 Peters 225.— 1 Kent's 
 Comm. 440, Ibid. 309, Federalist No. 77, p. 1. The President, by acts of 
 Congress, is empowered to call the public lands into market ; to appoint 
 officers of the land office; to appoint surveyors general and pay- 
 masters. He may order the survey of military roads; lease lead- 
 mines, and order the payment of Indians, and regulate Indian 
 affairs. — Act. June 30, 1834. By act 3 March 1853, the President 
 may change the location of land offices ; appoint and regulate trade with 
 the Indians; regulate the diplomatic and consular officers; to cause the 
 coast to be surveyed ; to cause the erection of additional arsenals ; and to 
 direct the sale of unserviceable military stores. Brightly's Digest, 464. 
 The president may employ the public vessels as he may judge expedient 
 in the survey of the coast. Opinions Attys. Gen. vol. 2,p. 1285. The'presi- 
 dent can instruct the United States marshal to remove intruders from the 
 public lands. Opinions Attys. Gen. vol. 1, p. 353. The president is author- 
 ized by act of April 20, 1818, to enforce the neutrality laws. Brightly's 
 Digest, 688. By act of April 20, 1818, the president may compel foreign 
 vessels to depart from the United States. By act of Congress, it is provided 
 that the president appoint officers to hold a general court martial. The 
 sentence to be sent to the secretary of war, to be laid before the president 
 for confirmation or approval or order in tha case. Brightly's Digest, 88. 
 Held that an officer cannot be tried by court martial' for an offence while 
 he is held on an indictment for the same offence. — That such interference 
 would place the military above the civil power, 16 Wisconsin Rep. 361. 
 Opinions Attys. Gen. vol. 2, pp. 1276-7. We insert the act of February 
 28, 1795, empowering the president to call out the militia. Act February 
 28, 1795. "1, In case of an insurrection in any state against the govern- 
 ment thereof, it shall be lawful for the President of the United States, on 
 application of the legislature of such state, or of the executive, (when the 
 legislature cannot be convened,) to call forth such number of the militia 
 of any other state or states as may be applied for, as he may judge sufficient 
 to suppress such insurrection." "2. Whenevever the laws of the United 
 States shall be opposed, or the execution thereof obstructed in any state by 
 combinations too powerful to be suppressed by the ordinary course of judicial 
 proceedings, or by the powers vested in the marshals by this act, it shall be 
 lawful for the President of the United States to call forth the militia of 
 such state, or of any other state or states, as may be necessary to suppress 
 such combinations, and to cause the laws to be duly executed ; and the use of 
 militia so to be called forth may be continued, if necessary, until the expira- 
 tion of thirty days after the commencement of the next session of Congress." 
 3. "Whenever it may be necessary in the judgment of the president, 
 to use the military force hereby directed to be called forth, the president shall 
 forthwith, by proclamation, command such insurgents to disperse, and retire 
 peaceably to their respective abode, within a limited time. " 4. " In all 
 cases of insurrection or obstruction to the laws, either of the United States, 
 or of any individual state or territory, where it is lawful for the president 
 of the United States to call forth the militia for the purpose of suppressing 
 such insurrection, or of causing the laws to be duly executed, it shall be 
 lawful for him to employ, for the same purposes^ such part of the land or 
 naval force of the United States, as shall be judged necessary, having first 
 observed allthe prerequisites of the law in that respect" — Brightly's Digest, 
 
46 CIVIL GOTERKMBNT OF THE STATES. 
 
 440 Act July 27, 1789. "There shall be an executire department, to be 
 denominated the department of foreign affairs ; and there shall be a princi- 
 pal officer therein, to be called the secretary for the department of foreign 
 affairs, who shall perform and execute such duties as shall from time to 
 time be enjoined on or intrusted to him by the President of the United 
 States, agreeably to the Constitution, relative to correspondence, commis- 
 sions, or instructions to or with public ministers or consuls, from the United 
 States, or to negotiation, with public ministers from foreign states or princes, 
 or to memorials or other applications from foreign public ministers or other 
 foreigners, or to such other matters respecting foreign affairs, as the Presi- 
 dent of the United States shall assign to the said department ; and further- 
 more, the said principal officer shall conduct the business of the said depart- 
 ment in such manner as the President of the United States shall from time to 
 time order or instruct." Act Sept. 3, 1789, created the office of secretary of 
 war. Brightly's Digest 879. Act Sept. 9, 1789 created the secretary of the 
 Treasury. Brightly's Digest 879. Attorneys General's office was created by 
 Act Sept. 24, 1789. The office of postmaster-general was created by act of 
 March 3, 1825. The office of secretary of the Navy was created by act of 
 April 30, 1798. The secretary of the Navy shall execute the orders of the Presi- 
 dent of the United States. Brightly's Digest 680. The office of secretary of the 
 interior was created to perform the duties of the land office. The said secre- 
 tary of state, secretary of war, secretary of the Treasury, Attorney-General, 
 postmaster general, secretary of the navy, and the secretary of the interior 
 form the President's Cabinet Council. For vacancies in the departments, see 
 Act of Congress Feb. 20, 1863, 12 Statutes 656, Brightly's Digest 115. Act Aug. 
 3, 1861, empowers the President, by and with the advice and consent of the 
 senate, to appoint an adjutant general and assistant adjutant general and 
 inspector general of the army. Brightly's Digest vol. 2, pp. 10-11. The 
 department of agriculture was established May 15, 1863. A commis- 
 sioner of agriculture is appointed by the President, by and with the advice 
 and consent of the senate. Brightly's Digest, vol. 3, p. 4. Act 
 of March 3, 1859, provides for the appointment of an assistant Attorney 
 General. Brightly's Digest vol. 3, p. 30. Act June 3, 1864, the President ap- 
 points comptroller of the currency. Ibid. 51. The Preedmen's Bureau was 
 established in the war department, to continue for one year after the re- 
 bellion. Act March 8, 1865. 13 Statutes 507. Brightly's Dig. 430. Act June 
 20, 1864, established a bureau of military justice in the war department, 
 with a judge advocate to be appointed by the President, by and with the 
 consent of the senate. Brightly's' Dig. vol. 2, p. 36. Act July 4, 1864, 
 empowers the President to appoint Commissions of Immigration. 
 Brightly's Dig. vol. 3, p. 148. 
 
 The Jcdiciaby. 
 
 The judiciary is the third department of the Federal Government of the 
 United States. The Supreme Court of the United States is, by virtue of 
 the constitution, the expounder of the constitution, laws and treaties 
 of the United States, from whose decision there is no appeal; — 1 Kent's 
 Comm. 313, — 1 Kent's Comm. 395. The judicial power of the United States 
 extends to all cases of law, equity, treaties and acts of Congress arising un- 
 der the constitution ; to all cases affecting ambassadors, and other public 
 ministers and consuls; to all cases of admiralty and maritime jurisdiction; 
 to controversies to which the United States shall be a party ; to controversies 
 between two or more states; to controversies between a state, when plaintiff, 
 and citizens of another state, or foreign citizens or subjects ; to controveries 
 between citizens of different states, and between citizens of the same states 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. I 4^ 
 
 Claiming lands under grants of different states ; and between a state or citi- 
 zens thereof, and foreign states ; and between citizens and foreigners. It 
 has been held by the supreme court, in the case of Chisholm v. the State of ■ 
 Georgia, in 1793, that a state was suable by the oitiaens of another state. 
 The legislature of Georgia defied the Judicial authority, on this question, 
 of the supreme court. To avoid a conflict of authority between the several 
 states and the Federal government Congress, in 1794, proposed, an amend- 
 ment to the constitution, which was subsequently adopted. It was provided 
 by the amendment, that the Judicial power of the United States should not 
 extend to any suit in law or equity against one of the United States by citizens 
 of another state, or by citizens or subjects of any foreign state. The inhi- 
 bition applies only to citizens or subjects, and does not extend to suits by a 
 state, or by foreign states or powers. "They retain the capacity to sue a 
 state as it was originally granted by the constitution ; and the supreme 
 court has original jurisdiction in the case of suits by a foreign state against 
 one of the United States." Commonwealth of Kentucky v. Dennison, 
 Governor of Ohio, 34 Howard's Rep.p.66. 1 Kent's Comm. 297. The supreme 
 court was instituted by the Constitution and the judiciary act of 
 1789. It has been decided that the Supreme Court has exclusive jurisdic- 
 tion in civil actions where the state is a party, except that a state 
 cannot be sued by its own citizens or the citizens of other states 
 or by aliens. But it has jurisdiction where the state is plain- 
 tiff. — 1 Kent's Comm. 298. The judges of the supreme court are judges 
 of the circuit courts. These courts are vested with original juris- 
 diction, concurrent with the courts of the several states, of all civil ac- 
 tions in law and -equity, where the matter in' dispute exceeds five hundred 
 dollars, exclusive of costs, where the United States are plaintiffs, or an 
 alien is party, and the suit is between a citizen of the states where the suit 
 is brought, and a citizen of an other state. And no civil action can be 
 brouo-ht against an inhabitant of the United States out of his district. — 1, 
 Kent's Com. p. 303. The Circuit Courts have original jurisdiction in law and 
 equity of all actions arising under the revenue laws of the United States, 
 and under the laws relating to copy rights or patents. — 1 Kent's Corn. 303. 
 The District Courts and Circmt Courts derive their power from the provi- 
 sion in the constitution which provides that Congress may "establish 
 courts inferior to the Supreme Court. The district courts have jurisdiction 
 of^ admiralty and maritime cases, and for penalties and forfeitures 
 incurred for a violation of the laws of the United States. They have 
 concurrent jurisdiction with the state courts of causes where an alien 
 sues for a tort committed in violation of the law of nations, or of a 
 treaty of the United States.— 1, Kent's Com. 304. The state courts are 
 invested by acts of Congress with jurisdiction, in certain cases of causes 
 arisino- under the laws of the United States. "The state courts may, 
 in the exercise of their ordinary, original and rightful jurisdiction in- 
 cidently take cognizance of laws arising under the constitution and the 
 laws and treaties of the United States; yet to all these cases the judicial 
 power of the United States extends, by means of its appellate jurisdiction." 
 --1 Kent's Com. 397. But an appeal may be taken from the decision 
 of the state courts to the supreme court of the United States. The supreme 
 court determines what is the supreme law of the land. — 1 Kent's Com. p. 
 313. Held in the case of the United States ®. Worrall, that the United 
 States could not punish for common law offences. — 1, Kent's Com. 309. 
 The Federal courts had no criminal jurisdiction only what they derive from 
 the constitution and acts of Congress. Held by the best of authority that 
 the United States cannot exercise any powers but what are granted in the 
 
48 CIVIL GOVERNMENT OF THE STATES. 
 
 constitution, given either expressly or by implication. — 1 Kent's Com. 313. 
 Thus, all conflicts between the Legislative and the Executive departments 
 of the Federal government, as well as conflicts between the States 
 and the general government, are settled by a judicial decision of 
 the Supreme Court. — Federalist 308-9. Madison, in the Federalist 
 speaking of the Supreme Court, says, Some such tribunal is 
 clearly essential to prevent an appeal to the sword." — Federalist, 208-9. 
 The following is from De Tocqueville. "They have left them," the courts, 
 " at liberty not to apply such laws as may appear to them to be unconstitu- 
 tional. This fact can only be explained by the principles of the American 
 constitutions." In England, the parliament has an acknowledged right to 
 modify the constitution; as, therefore, the constitutiorQ may undergo perpet- 
 ual changes, it does not in reality exist ; the Parliament is at once a legis- 
 lative and a constitutional assembly, since the Parliament which makes the 
 laws also makes the constitution." De Tocqueville, pp. 80-1. The fol- 
 lowing is from Wm. Wirt on the coordinate departments of the govern- 
 ment. " My opinion is, that the judiciary can no more arrest the Executive 
 in the execution of a constitutional law, than they can arrest the Legislature 
 itself in passing the law. Opinions of the Attorneys General U. S. p. 508. 
 Held that the judiciary cannot arrest by injunction the powers of the 
 executive. Opinions of the Attorneys General, vol. 3, p. 1280, 4 Wisconsin 
 Kep. p. 567. Bashford v Barstow, Ihid. 594. "There is no power in the 
 judiciary to remedy injustice and oppression in a legislative act, except, 
 where in an attempted injustice or oppression, some constitutional pro- 
 vision is violated." Hamilton and Treat ». St. Louis county, 15 Missouri 
 Rep. p. 3. "Before a court will pronounce a law unconstitutional, the court 
 must be free from doubt, and the violation must be palpable. So long as a 
 doubt remains, the legislative act should be enforced, — Armstrong v. Treas- 
 urer of Athens Co., 10 Ohio Rep. pp. 335-387." It is the right of the legis- 
 lature to enact laws, and of the province of the court to construe them. 18 
 Ohio Rep. 135-137. Act Feb. 34 1855, created a court of claims to hear 
 cases against the United States, and to report their finding in the 
 form of a bill for the action of Congress. — Brightly's Dig. 198. For a 
 conflict between the states and the Federal government on the regula- 
 tion of commerce and the internal police of the states, see Gibbons «. 
 Ogden 9 Wheaton, 203, the City of New York ». Milne, 11 Peters 102, 
 Brown v. Maryland, 12 Wheaton 438-446, Groves et al. v. Slaughter, 15 
 Peters, 509. Prigg v. Com. Pennsylvania, 16 Peters 635. 5 Howard, 578. 
 "Being admitted upon a footing of equality with other states, the State of 
 Mississippi had the rightful power to change the channels or courses of 
 rivers within the interior of the state, for the purposes of internal improve- 
 ment." Withers v. Buckley, 30 Howard R. p. 84. "A state law, granting 
 to an individual an exclusive right to navigate the upper waters of the 
 Penobscot River, lying wholly within the limits of the state, separated from 
 tide water by falls impassable for the purpose of navigation, and not form- 
 ing a part of any continuous track of commerce between two or more 
 states, or with a foreign country, is not repugnant to the Constitution or 
 any law of the United States." Veazie v. Moore 14. H. 568-345, 30 Curtis 
 Sup. C. R. "The soil below low water-mark in the Chesapeake Bay, 
 within the boundaries of the State of Maryland belongs to the State." 
 Smith V. Maryland 18 Howard R. 71. The decision of a state court not 
 binding on the Supreme Court of the United States in a question of Consti- 
 tutional law. Jefferson's Branch Bank v. Skelly, 1 Black's Rep. 436. 
 The authority to establish ferries is not given to the general government, 
 but is reserved to the states. Conway v. Taylor's Ex. 1 Black, R. 
 
CONSTITUTIONAIi HISTORY OF UNITED STATES. 49 
 
 603. "In a suit between two states, this court has original jurisdiction, 
 without any further act of Congress regulating the mode and form in 
 Tphich it shall be exercised. Commonwealth of Kentucky ■». Denni- 
 son. Governor of Ohio. 24 Howard, 66. This was an application 
 to the Supreme Court by the Governor of Kentucky for a mandamus 
 to compel the Governor of Ohio to deliver up a fugitive from justice. 
 Held by the court that : " The act does not provide any means to compel 
 the execution of this duty, " delivering up a fugitive, "nor inflict any 
 punishment for neglect or refusal on the part of the Executive of the state ; 
 nor is there any clause in the Constitution which arms the government of 
 the United States with this power. Indeed, such a power would place 
 every state under the control and dominion of the general government, even 
 in the administration of its internal concerns and reserved rights. And 
 we think it clear, that the Federal Government, under the Constitution, has 
 no power to impose on a state officer, as such, any duty whatever, and compel 
 him to perform it." 24 Howard, 66. "The process of a state court or judge 
 has no authority beyond the limits of the sovereignty which confers the 
 judicial power." "A habeas corpus, issued by a state judge or court has 
 no authority within the limits of the sovereignty assigned by the Constitu- 
 tion of the United States. The sovereignty of the United States and of a 
 state are distinct and independent of each other, within their respective 
 spheres of action, although both exist and exercise their powers within 
 the same territorial limits. "When a writ of habeas corpus is served on 
 a marshal or other person having a prisoner in custody under the author- 
 ity of the United States, it is his duty, by a proper return, to make 
 known to the State Judge or Court the authority by which he holds 
 him. But, at the same time, it is his duty not to obey the process of 
 the state authority, but to obey and execute the process of the United 
 States."— 21 Howard, R. Ableman ». Booth, 506. A state tax on the 
 loans of the Federal Government is a restriction upon the constitutional 
 power of the United States to borrow money, and if the state had such a 
 right, being in its nature unlimited, it might be so used as to defeat the 
 Federal power altogether. Bank of Commerce v. New York City. 3 Black's 
 R. p. 630. Under the form of creating a qualification or attaching a con- 
 dition, the state cannot in effect inflict a punishment for a past act which 
 was not punishable at the time it was committed. "Deprivation or sus- 
 pension of any civil rights for past conduct is punishment for such conduct. " 
 A bill of attainder is a legislative act which inflicts punishment without a 
 judicial trial. If the punishment be less than death the act is termed a 
 bill of pains and penalties. Within the meaning of the constitution bills 
 of attainder include bills of pains and penalties. The clauses of the second 
 article of the constitution of Jlissouri set forth in the statement of the case 
 of Cummings v. The State of Missouri 4 Wallace, pp. 279-381, which re- 
 quires priests and clergymen, in order that they may continue in the 
 exercise of their professions, and to be allowed to preach and teach, to take 
 and subscribe an oath that they have not committed certain designated acts, 
 some of which were at the time offences with heavy penalties attached, 
 and some of which were at the time acts innocent in themselves, 
 constitute a bill of attainder within the meaning of the provision in the 
 Federal constitution prohibiting the states from passing bills of that 
 character. An ex pout facto law is one which imposes % punishment for 
 an act which was not punishable at the time it was committed. 
 Cummings v. The State of Missouri 4, Wallace, R. p. 227. "A special 
 tax on a railroad and stage companies for every passenger earned 
 out of the state by them is a tax on the passenger for the privilege of 
 
60 CIVHi GOVERNMENT OF THE STATES. 
 
 passing through the state by the ordinary modes of travel, not a simple 
 tax on the business of the companies, and is unconstitutional and void." 
 Crandall v. State of Nevada, 6 Wallace, B. 35. "The tax of ten per 
 centum imposed by the act of July 13, 1866, on the notes of state banks 
 paid out after the 1st of August, 1866, is warranted by the Constitution." 
 Veazie Bank v. Fenno, 8 Wallace R. p. 533. " Congress, has no power to 
 make paper money a legal tender, or lawful money in discharge of private 
 debts which existed in virtue of contracts made prior to its acts attempt- 
 ing to make such paper a legal tender and lawful money for the payment 
 of such debts."— Hepburn i). Griswold, 8 Wallace, R. 603. In the above 
 case, Chase, Clifford, Nelson, Field and Grier held as above; dissenting, 
 Miller, Swayne and Davis. Since this decision was rendered Grier resigned, 
 and Grant appointed an attorney of the Pennsylvania Central and Camden 
 and Amboy R. Rs., for the purpose of reversing this decision. This was 
 not enough, for the court was reorganized by appointing another judge 
 friendly to the party in power for the purpose of overruling the above de- 
 cision ; which has been done. The Constitution of a state is a law, within the 
 meaning of that clause of the constitution which ordains that " no state 
 shall pass any law impairing the obligation of contracts. Railroad Company 
 D. McClure 10 Wallace R. p. 511." The decision of a state court which 
 simply held that promissory notes, given for the loan of confederate currency 
 together with a mortgage to secure the notes, were nullities, on the ground 
 that the consideration was illegal, according to the law of the state, at the 
 time the contract was entered into, is not a decision repugnant to the Fed- 
 eral constitution. — "Bethel v. Demaret, 10 Wallace, R. p. 587." Congress 
 cannot impose a tax upon the salary of a judicial officer of a state." The 
 Collector «. Day 11 Wallace, R. 113. "It, (congress) is not deprived of 
 the power to make war, to suppress insurrection, to levy taxes, to make 
 rules concerning captures on land and sea, when the necessity for their ex- 
 ercise is called out by domestic insurrection and internal civil war, instead 
 of by foreign war." — Tyler v. Defrees 11 Wallace, R. p. 331. "It can de- 
 termine what property of public enemies shall be confiscated." United 
 States V. Miller 11 Wallace, R. p. 269. "The power of the Federal govern- 
 ment to improve public navigable waters, when called into exercise, is not 
 only paramount but exclusive, and cannot lawfully be interfered with to any 
 extent, by or under state authority." United States «. Duluth. Dillon, C. C. 
 R. p. 469. "The United States may, in such cases, enjoin illegal interference 
 by state authority." Ibid. A court of the United States has no jurisdiction to 
 restrain by injunction, the erection of a bridge over a navigable river 
 lying wholly within the limits of a particular state, where such erection 
 is authorized by the legislature of the state, though a port of entry has 
 been created by Congress above the bridge. — Milnor v. New Jersey Rail- 
 road Company, 6, American Law R. p. 6, Brightly's Dig. vol. 3, p. 85. 
 
 CHAPTER VI.— FOREIGN IMMIGRATION — NATURALIZATION — 
 NATIVE AMERICANS AND KNOW-NOTHINGS. 
 
 As early as 1639, Massachusetts passed a law for the removal of foreign 
 paupers. The next step was to require an indemnity bond from the master 
 of vessels. Virginia passed a similar regulation. Pennsylvania had a law 
 for laying a duty on foreigners and Irish servants. Virginia passed a law 
 Nov. 13, 1788, forbidding masters of vessels from landing convicts, under 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 51 
 
 penalty of fifty pounds. The same year, similar laws were passed by 
 Georgia and South Carolina. New York and Massachusetts passed similar 
 laws in 1791, and Pennsylvania in 1789. But this example was never fol- 
 lowed by the General Government, except in the case of the '^ alien and sedi- 
 tion laws," in 1798. In 1830, the legislature of Massachusetts passed the 
 following resolutibn: "Resolved, that it is expedient to instruct our 
 senators, and request our representatives in Congress to use their endeavors 
 to obtain the passage of a law to prevent the introduction of foreign paupers 
 into this country, and to favor any other measures which Congress may be 
 disposed to adopt, to effect this object." Congressional Globe 1835-6, vol. 
 13, part 2, p. 1878. The following letter from Mayor Clark, will show the 
 spirit of the anti- foreign policy of the Native Americans : 
 
 "Mayor's Office, New York, June 5, 1837. 
 
 " Gentlemen of the Common Council: 
 
 "The laws of this State require that the captain of every ship or 
 vessel, landing passengers in this city from a foreign country or from another 
 state, shall report the name, last legal settlement, place of birth, age or oc- 
 cupation of such passengers, to the mayor of the city, within twenty-four 
 hours after the arrival, under a penalty of $75 for each passenger so neg- 
 lected to be reported ; and that every person not teing a citizen of the United 
 States, coming to this city with the intention to reside, shall report him- 
 self to the mayor within twenty-four hours after arrival, under a penalty of 
 §100 for neglecting so to do." The opinion is entertained that there is a 
 settled arrangement in some parts of Europe to send their famishing hordes 
 to our city. The operations of certain companies have been noticed. But 
 contractors are becoming so covetous that they afflict this country with a 
 pauper population in consideration of receiving from steerage passengers 
 more than $3 per head extra, for agreeing to land them in New York ; in- 
 stead of which these traders in foreign paupers secretly clear their vessels 
 for Amboy, in the State of New Jersey, there to land the said passengers, and 
 thereafter send them to New York by other conveyance, or leave them to 
 provide for themselves. Our city is generally the place to which they contract 
 to be carried on leaving Liverpool. This business is likely to be fiercely 
 driven through the ensuing year. Hundreds of thousands of the popula- 
 tion of portions of Europe are in a state of poverty, excitement and wretch- 
 edness — the prospect before them very discouraging. — The old country 
 has more people than it is convenient to support. And although many of 
 them feel no particular anxiety to leave their native land, they see others 
 depart — they read the mixture of truth and fiction, published by those em- 
 ployed to obtain passengers — they are assured they can easily return if they 
 are not suited with the country — that certain employment, enormously high 
 wages, and almost sure wealth await them. The times being more un- 
 promising in other Countries than in our own, they imagine they 
 cannot change for the worse, and hither they come. They cannot 
 fail to be an intolerable iurthen, to us. As soon as they arrive within 
 our limits, many of them begin to suffer and to beg. Some of those by the 
 Lockwoods commenced as mendicants on the first day they saw our city, and 
 some of them on the first night thereafter sought the watch-house for a 
 shelter ; others solicited aid at the commissioner's office, and not a few at 
 the Mayor's residence. Nearly 3,000 arrive each week, and it is not likely 
 that many months will elapse before the number per week will be 3, 000. In 
 the 5o7-«a«, which came in on Saturday, there were about 150 steerage passen- 
 gers. They were landed from a lighter, near the foot of Rector Street, at 
 
52 CIVIL GOVERNMENT OP THE STATES. 
 
 10 A. M. on Sunday. Some of them declared they had not means tc 
 obtain one day's storage for a chest. Our streets are filled with the wan 
 dering crowds of these passengers — clustering in our city — unacquainteo 
 with our climate — without money — without employment — without friends 
 — many not speaking our language — and without any dependence for food, 
 or raiment, or fireside — certain of nothing but hardship and a grave ; and tc 
 be viewed, of course, with no very ardent sympathy by those native citizens 
 whose immediate ancestors were the saviours of the country in its greatest 
 peril. Besides, many of them scorn to hold opinions in harmony with the 
 true spirit pf our government. They drive our native workmen into exile, 
 where they must war again with the savage of the wilderness — encounter 
 again the tomahawk and scalping knife — and meet death beyond the 
 regions of civilization and of home. It is apprehended they will bring dis- 
 ease among us ; and if they have it not with them on arrival, they may 
 generate a plague by collecting in crowds within small tenements and foul 
 hovels. What is to become of them ? is a question of serious import. Our 
 whole almshouse department is so full that no more can be received there 
 without manifest hazard to the health of every inmate. Petitions 
 signed by hundreds, asking for work, are presented in vain. Private 
 associations for relief are almost wholly witliont friends. Thousands 
 must therefore wander to and fro on the face of the earth filling 
 every part of our once happy land with squalid poverty and with 
 profligacy." — "By chapter 56, section 16, of the laws and ordinances of the 
 city of New York, it is enacted, that in all cases where the Mayor shall 
 deem it expedient to commute for alien passengers arriving at this port, 
 instead of requiring indemnity bonds, he is authorized to receive such sum, 
 in lieu of such bonds, as he shall deem adequate, not less than one dollar 
 and not more ^han ten dollars, for each passenger. I deem it my duty to 
 inform the common council, that it is my intention, hereafter, in all cases 
 where it would not be unreasonable, to require and demand ten dollars for 
 such commutation, from each alien passenger. And on advising with the 
 commissioners of the almshouse as to this intention, I am authorized to say 
 that they approve and unite with me in it ; and I am bound to believe that it 
 will receive the sanction of the public. Our city should not, whenever it 
 can be avoided, receive more persons likely to become chargeable. It will 
 be a herculean task to employ and take care of those who are already within 
 our jurisdiction. Our funds appropriated for charitable purposes promise no 
 overplus. Provisions, fuel, and clothing for the almshouse, are still very 
 expensive. Laborers are not sought after, and while we pity the griefs and 
 sorrows of all our fellow-creatures, we cannot deny that a preference, in 
 the distribution of charities, as well as place and employment,is due to the 
 descendants of the soldiers of the revolution, and to the heroes and sufferers 
 of the second war of independence. It was asked by the fathers of American 
 liberty. It has been promised to their sons, it cannot be conceded to aliens 
 without great indignity to our native and adopted citizens ; and if foreign 
 paupers and vagrants come here for political purposes, it is proof irresist- 
 ible that our naturalization laws ought to be immediately revised, and the 
 term of residence greatly extended to qualify them to vote or hold office. 
 Many are, I admit, orderly, well-disposed men, but many of them 
 are of the opposite character. It is believed the action of the 
 common council in the premises is particularly desirable. Our citizens 
 had no serious turn-outs, no riotous parades, no conspiracies against 
 the business and families of quiet, industrious and honest American 
 operatives, until after officious interference by mischievous strangers, 
 and it is melancholy to observe, that in the mad career of some of 
 
CONSTITUTIONAL HISTOBT OF UNITED STATES. 53 
 
 these foreigners to destroy our happy system, they have lately recom- 
 mended to a large meeting of our citizens that they should carry with them 
 deadly weapons of various kinds, to all our future public assemblages. 
 These wild strangers should learn that to do so, is not peaceably to assem- 
 ble, as provided by the Constitution. Indeed a reason for taking the 
 proper measures to diminish the number of arrivals, is drawn from the^fact, 
 that, in addition to the great and grievous expense they would add to the 
 city, should they continue to be numerously thrown upon us, the Common 
 Council will be called upon to provide an armed and a mounted police for 
 both day and night time. Peace cannot be otherwise expected. Many of 
 them come from places where nothing less secures tranquillity. 
 
 "Aaron Claek." 
 A committee of the Common Council made the following report : 
 "The committee on laws, to whom was referred the message of his honor 
 the Mayor, relative to the quarantine laws and alien passengers beg leave 
 to report in part — That its members have felt a deep interest in the very 
 important matters which the Mayor has so promptly, in the discharge of his 
 official functions, brought before the notice of this board; that upon a 
 proper and discreet settlement of the interesting questions submitted in 
 the communication, depend the peace, prosperity, and good order of this 
 city. The immense numbers of persons arriving at this port, fleeing from the 
 poverty, starvation and oppression of Europe, are calculated, certainly, not 
 only to excite our sympathy for these unfortunate beings, but to create 
 a well founded alarm, as to the results upon our municipal prosperity, 
 as well as the character and morality of our population. The greater 
 number of these immigrants (for there are those who, devoted to 
 agricultural pursuits, and bringing with them some little property and a 
 good reputation, are calculated to add to the resources of the common- 
 wealth), are absolutely penniless and despairing with the accumulated filth, 
 which long confinement on shipboard and an habitual want of cleanliness 
 produce; they almost immediately on their arrival, roam the streets, a band 
 of houseless mendicants, or apply to your alms-houses for succor. Crime suc- 
 ceeds destitution. Your prisons are filled — your hospitals are crowded with 
 them, and your public treasure is spent upon those who never contributed a 
 cent to the general welfare. It is just — it is in accordance with the best feel- 
 
 X ings of the human heart to commiserate the sufferings of humanity however 
 degraded ; but in the opinion of your committee, this city owes a para- 
 mount duty to itself and the country of which it is the general emporium. 
 She is bound by wise and efficient laws to prevent the jails and work-houses 
 of Europe, from pouring out on our shores their felons and paupers ; to pro- 
 hibit her from introducing here those whom she is bound by every consider- 
 ation of justice to support; to prohibit her from disgorging on our people, 
 a population with principles calculated to lower the tone of morals and dis- 
 organize the fame of our republican institutions. During the last year 
 60,541 passengers arrived at this port. The number has greatly increased 
 this season, the average being very nearly 3, 000 a week. The alms-house 
 is full, containing, at this moment 3,074, of which three-fourths are 
 foreigners. In fact, our public charities are principally for the benefit of these 
 foreigners; for of 1,209 persons admitted into the hospital at Bellevue, 
 983 were aliens. The expense of the alms-house establishment and its 
 dependencies, last year, amounted to $205,506. 68. Your committee, there- 
 fore, recommend the passage of the following resolutions : 
 
 "Besolved — That it is the opinion of this board, that the Mayor may be 
 
 • requested to enter into a correspondence with Executives of the States of 
 
54 CIVIL GOVEHNMENT OF THE STATES. 
 
 New York and New Jersey, and such other persons as_ to him may seem 
 proper, touching the enforcement of the health laws and passenger act. 
 
 " Sesohed-— That this board approve the decision of his honor the Mayor, 
 in raising the amount of commutation money hereafter paid by foreign 
 passengers. 
 
 " M. C. Patterson, Chairman. 
 "D. Eandell." 
 
 So much for native Americans. New York and Massachusetts passed 
 laws to discourage emigration by imposing a tax upon passengers. In 1798, 
 during Adams' administration, the Federal party amended the laws on 
 naturalization which required a residence of fourteen years as a condition to 
 be admitted to citizenship. So much for the '■'■hlue lights." — ^Thomas 
 JeSerson, in his message to Congress, December, 1801, recommended a 
 change in the naturalization laws: — "I cannot omit recommending a revisal 
 of the laws on the subject of naturalization. Considering the ordinary chances 
 of human life, a denial of citizenship under a residence of fourteen years, 
 is a denial to a great proportion of those who ask it, and controls a policy 
 pursued from their first settlement, by many of those states and still believ- 
 ed of consequence to their prosperity. And shall we refuse to the unhappy 
 fugitives from distress, that hospitality which the savages of the wildernes 
 extended to our fathers on arriving in this land ? Shall oppressed humanity 
 find no asylum on this globe?" So much for Jefferson, the father of de- 
 mocracy, in America ! Annals of Congress, 1801-3, p. 16. An act of con- 
 gress was passed at the session of 1801-3, admitting to citizenship for- 
 eigners after a residence of five years, which is still the law. Annals of 
 Congress of 1801-3, pages 464, 986-88-93, 1132-33-55-57. In 1844, a 
 number of petitions and memorials were presented in both houses of Con- 
 gress, praying for a change in the naturalization laws requiring that all 
 foreigners should reside twenty-one years in the country before they could 
 be admitted, to citizenship. Thomas H. Benton and the democratic party 
 opposed this measure. On the 7th of June, 1844, William S. Archer, of 
 Virginia, spoke on the subject, thus : 
 
 " This was a subject which he was sorry to say, had not yet sufBciently 
 attracted the attention of the people of the United States. There 
 was, he thought, a growing combination of circumstances, which 
 furnished ample ground for the conclusion, that the . great mass of 
 uneducated foreigners, wholly ignorant of the nature and value of our 
 institutions, annually pouring into our country, could not, within the short 
 period of five years, fixed by the present law, become fit to exercise, with a 
 due sense of their value and responsibility, the rights and privileges of 
 native born citizens." For a dAate on this subject by Archer, Buchanan, 
 Berrien, and Allen — see Congressional Globe 1843-44, p. 658. On the 
 31st day of May, 1844, John Quiiicy Adams presented petitions praying that 
 the "naturalization laws may be changed so as to require a residence of 
 twenty-one years for citizenship." 
 
 Mr. Adams moved that the petition be referred to the judiciary commit- 
 tee. Mr. Hammett moved that it be laid upon the table. Mr. Murphy 
 ordered the yeas and nays which resulted as follows: 
 
 Teas — Messrs. Anderson, Arrington, Ashe, Atkinson, Barringer, Benton, 
 Bidlack, Boyd, Brengle, Brinkerhoff, Brodhead, Milton Brown, "William J. 
 Brown, Jeremiah Brown, Burke, Caldwell, Sheperd Cary, Carroll Reuben 
 Chapman, Augustus A. Chapman, Clinch Clinton, Coles, Cross, Cullom, 
 Dana, Daniel, Garrett Davis, Richard D. Davis, John "W. Davis, Deal, Del- 
 let, Dickey, Dillingham, Dromgoole, Dunlap, Ellis, Farlee, Ficklin, Foot, 
 
CONSTITUTIONAL niSTOKY OF UNITED STATES. 55 
 
 Poster, French, Goggin, "Willis Green, Byram Green, Grider, Hale, Hamlin, 
 Hammett, Hardin, Harper, Henly, Herrick, Hopkins, Houston, Hubard, 
 Uubbell, Hughes, Hungerford, Washington Hunt, James B. Hunt, Charles 
 J. Ingerson, Irvin, Jenks, Cave Johnson, Perly B. Johnson, George W. 
 Jones, Andrew Kennedy, John P. Kennedy, Kirkpatrick, Labrance, Leon- 
 ard, Lucas, Lumpkin, Maclay, McClelland, McClernand, McConnell, Mc 
 Dowell, McKay, Mosley, Murphy, Ness, Newton, Norris, Owen, Parmen- 
 ter, Payne, Petit, Peyton, Purdy, Rathbun, Charles M. Reed, 
 David S. Reid, Reding, Relge, Rhett, Ritter, Russell, St. John, Sample, 
 Saunders, Schenck, Senter, Thomas H. Seymour, David L. Sey- 
 mour, Simons, Slidell, Albert Smith, Thomas Smith, Robert 
 Smith, Steenrod, John Stewart, Stone, Strong, Summer, Sykes, 
 Thomason, Thompson, Tibbetts, Tilden, Tyler, Weller, Wentworth, 
 Wetherard, White, Williams, Woodward, Joseph A. Wright, and Yost— 
 128. Nays — Messrs. Abbot, Adams, Causin, Clingman, CoUamer, Cran- 
 ston, Deberry, Giddings, Grinnel, Hudson, Jos. R. IngersoU, Daniel P. 
 King, Mcllvane, Marsh, Morse, Pevnit, Elisha R. Potter, Pratt, Rodney, 
 Rogers, Caleb B. Smith, Spence, Vance, Vinton, Winthrop— 26. See 
 further on the subject from the Congressional Globe, 1844-45, pp. 64, 150, 
 and the Appendix Congressional Globe, 1844-45, p. 130. And Smith ®. 
 Turner and Norris v. City Boston. In the case of the Norris v. city of Boston, 
 held by the court that : ' ' there is nothing repugnant to the Constitution or 
 law, of the United States in the third section of statute 1837, c. 238, which 
 prohibits the landing of alien passengers who arrive in any vessel at any 
 port or harbor in this state, until the master, owner, consignee or agent of 
 the vessel, shall pay to the regularly appointed boarding officer the sum of 
 two dollars for each passenger, to be appropriated for the support of foreign 
 paupers." 4 Metcalf, p. 283. At the session of Congress 1837-38, the 
 following was offered as an amendment 'to the pre emption law of May 39, 
 1880, with the object of prohibiting aliens from enjoying the benefit of the 
 pre-emption law: 
 
 "That the right of pre-emption granted by this act, or the act hereby re- 
 vised, shall not accrue to any other person than those who were, on the 
 first day of December, 1837, citizens of the United States; and such citizen- 
 ship shall in all cases be established by legal and competent testimony, to 
 the satisfaction of the register and receiver of the land district in which 
 the lands may lie, prior to any entry thereof, by virtue of the provisions of 
 this act." 
 
 This was a Whig measure. The following is from Thomas H. Benton, on 
 the subject : 
 
 "No law had yet excluded aliens from the acquisition of a pre-emption 
 right, and he was entirely opposed to commencing a system of legislation 
 which was to affect the property rights of the aliens who came to our 
 country, to make it their home. Political rights rested on different basis." 
 
 Mr. Merrick said : 
 
 "I desire, Mr. President, to make a single remark in reply to the 
 honorable senator from Pennsylvania, (Mr. Buchanan.) That Senator, in 
 announcing briefly his opposition to the amendment before the senate, 
 remarked that there seemed to be an extraordinary spirit of opposition to 
 foreigners, manifesting itself in the country. I think on the contrary, there 
 is a morbid affection manifested here and elsewhere for foreigners and 
 aliens." 
 
 Henry Clay spoke as follows : 
 
 "He wished the senate would go for the interest of the whole Union, as 
 a people, and not so exclusively for the New States. This domain was 
 
56 ClVrii GOVERNMENT OF THE STATES. 
 
 the public property — the property of the whole people of the United States ; 
 and he thanked the senator from Maryland for introducing a proposition 
 for conferring the bounty of the government to our own race, instead of 
 holding out a general invitation to all the paupers of all the European 
 governments to come here, and compete with our own honest poor." 
 
 Mr. Clay spoke in reply to Mr. Buchanan thus : 
 
 " The honorable senator from Pennsylvania has alluded eulogistically to 
 foreigners. Does he mean to compare the De Kalbs, the Steubens, the La 
 Fayettes, th^ Pulaskis, with the hordes of foreign paupers that are 
 constantly flooding our shores. There were other foreigners .who mingled 
 incur revolutionary struggle, but on the other side, the Hessians." — Mr. 
 Buchanan in reply to Clay, said, "He had observed with regret, that 
 attempts were now extensively making throughout the country, to excite 
 what was called a native American feeling against those who had come 
 from a foreign land to participate in the blessings of our free constitution. 
 Such a feeling was unjust — it was ungrateful. In the darkest days of the 
 revolution, who had assisted us in fighting our battles, and achieving our 
 independence ? Foreigners, yes, sir, foreigners. Was it not a fact known to 
 the world, that the immigrants from the Emerald Isle — the land of brave 
 hearts and strong arms had shed their blood freely in the cause of our lib- 
 erty and independence. Any foreigner from any country under the sun, 
 who, after landing with his family on our Atlantic coast, will make his 
 long and weary way into the forests and prairies of the Mississippi, and 
 there, by patient toil, establish a settlement upon the public lands, whilst 
 he thus manifests his attachment to our institutions, shows that he is 
 worthy of becoming an American citizen. He furnishes us by his conduct, 
 the surest pledge that he will become a citizen the moment that the laws of 
 the country permit. In the meantime, so far as my vote is concerned, he 
 shall continue to stand upon the same footing with citizens, and have his 
 quarter section of land at a minimum price." Mr. Clay subsequently spoke 
 on the subject, thus: "What, he asked, had they seen ? A proposition 
 was made by an honorable senator from Maryland, (Mr. Merrick,) to 
 limit the preemptions to citizens of the United States, native and 
 naturalized ; rejected. And could any body say, after that naked 
 vote of the senate, that it had not become the permanent policy of 
 the country to go on inviting all the hordes of Europe to come over and 
 partake of this bounty, derived from our ancestors, and which we should 
 preserve for our posterity ? " — Appendix Cong. Globe 1837-38, pp. 128 to 
 189. The following political creed is from the Boston American Crusader 
 {Native American): 1. Repeal of all naturalization laws. 3. None but 
 Americans for office. 3. A pure American common school system. 4. War 
 to the hilt on Romanism. 5. Opposition, first and last, to the formation of 
 military companies composed of foreigners. 6. The advocacy of a sound, 
 healthy, and safe nationality. 7. Hostility to all papal influences, in what- 
 ever form, and whatever name. 8. American institutions and American 
 sentiment. 9. More stringent and effective immigration laws. 10. The amplest 
 protection to Protestant interests. 11. The doctrines of the revered Wash- 
 ington and his compatriots. 12. The sending back of all foreign paupers 
 landed on our shores. 13. The formation of societies to protect all American 
 interests. 14. Eternal enmity to all who attempt to carry out the principles 
 of a foreign or state church. 15. Our country, our whole country, and 
 nothing, but our country. 16. And finally, American laws and American 
 legislation ; and death to all foreign influences, whether in high places or 
 low ! " In consequence of the immense immigration to the United States the 
 following appeared in the public prints and in pamphlets. It went the rounds 
 
CONSTITUTIONAL HISTORY OP OTTITED STATES. 57 
 
 of the press, as a reason for discouraging foreign influence and foreign 
 immigration; "Because any body and every body may come without 
 let or hinderance, the rogues and vagabonds from London, Paris, 
 Amsterdam, Vienna, Naples, Hamburg, Berlin, Borne, Genoa, Leghorn, 
 Geneva, etc., may come and do come. The outpourings of alms and 
 work-houses, and prisons and penitentiaries, may come and do come. 
 Monarchies, oligarchies and aristocracies may and do reduce millions 
 of people to poverty and beggary, and compel the most valueless 
 to seek for shelter and a home in the United States of America, 
 and they do so. And what are the consequences ? The consequences 
 are that about 400,000 souls from Europe, chiefly Germans, Irish and Dutch 
 are annually arriving in this country and making it their permanent abode. 
 That a vast number of these immigrants come without money, occupation, 
 friends <ir business. "That go where you will in the United States, you 
 find nearly all the dens of iniquity, taverns, grog shops, beer houses, gam- 
 bling places," "are kept by foreigners; and that numerous objects of 
 poverty and destitution are to be seen crawling along the streets in every 
 direction. This unlimited and unrestricted admission of foreign immi- 
 grants, is a serious injury to the native laboring population socially, morally, 
 religiously, and politically." "But there is an other consequence which 
 is deserving of notice, and it is this: our manufacturers, iron makers, 
 machinists, miners, agriculturists, railway, canal, and other contractors, 
 private families, hotel keepers, and many others, have got into the way of 
 expecting and seeking for cheap labor, through the various supplies of 
 operatives, workmen, laborers, house help, and various kinds of workers, 
 kept up by the indiscriminate and unrestrained admission of immigrants." 
 So much for Native American love for foreigners 1 The cry, in those days: 
 "America for the Americans." 
 
 The following is from a speech from James Cooper of Pennsylvania, in 
 the senate of the United States, January 25, 1855 : 
 
 "I desire to advert briefly to an other mischief not wholly, but neverthe- 
 less, to some extent, the result of admitting into the country the idle and 
 turbulent spirits sent hither in order to relieve their own governments of 
 their dangerous presence. I refer, Mr. President, to the practice now 
 prevalent in the larger cities, of organizing volunteer companies and bat- 
 talions composed wholly of foreigners, bearing foreign names, wearing 
 foreign uniforms, and parading under foreign colors. In New York, 
 Boston, and elsewhere, you hear of German Jagers, French Chasseurs, 
 Irish Greens, Swiss Guards, &c. I am informed that in the first named city 
 there is a brigade composed entirely of Irishmen, called the Irish brigade. 
 Now, sir, this is all wrong, and would not be tolerated by any other govern- 
 ment on the face of the earth." New Hampshire Legislature in Nov. 34, 
 1798, petitioned Congi-ess to "exclude from a seat in either branch of 
 Congress, any person who shall not have been actually naturalized at the 
 time of making this amendment, and have been a citizen fourteen years at 
 least at the time of his election." 
 
 Daniel Webster, in 1844, in a speech before a "Whig Meeting in Paneuil 
 Hall, Boston, spoke as follows:— "The result of the recent elections, m sev- 
 eral states, has impressed my mind with one deep and strong conviction; 
 that is that there is an imperative necessity for reforming the naturalization 
 laws of the United States." "But it is not unreasonable that the elective 
 franchise should not be exercised by a person of a foreign birth, until after 
 such len<Hh of residence among us, as that he may be supposed to have become, 
 
58 • CrvIL GOVERNMENT OF THE STATES. 
 
 in some good measure, acquainted with our constitution and laws, our social 
 institutions, and the general interest of the country ; and to have become an 
 American in feeling, principle, character, and sympathy, as well as by hav- 
 ing established his domicile amongst us." "Those already naturalized 
 have, of course, their rights secured : but I can conceive no reasonable ob- 
 ' jection to the different provisions in regai-d to future cases." "I avow it, 
 therefore, as my opinion, that it is the duty of us all to endeavor to bring 
 about an efficient reformation of the naturalization laws of the United 
 States."— Nile's Register, vol. 67, p. 173. 
 
 So much for the hostility to foreigners by the Federalists, Whigs and 
 Know-Nothings. Foreigners who have held honorable offices from IJnited 
 States senator to municipal offices would be excluded therefrom but for the 
 democratic party ! — It is provided by an act of July 17, 1863, that any Alien 
 of the age of twenty-one years and upwards who enlisted in the armies of 
 the United States during the recent rebellion and honorably discharged from 
 the service of the United States, may be admitted to citizenship on proof 
 of one year's residence, upon his petition, without any proof of his 
 declaration to become a citizen of the United States. — Act July 17, 1863. — 
 Brightly's Dig, vol. 3, p. 5. 
 
 The reader will understand the present laws on naturalization from the 
 following record of naturalization as adopted by several states, to wit: 
 
 '•United States of America. 
 
 " State of county of ss. 
 
 " Be it remembered that on the of March in the year of our Lord one 
 
 thousand eight hundred and , personally appeared before me the Hon. 
 
 A. Gr. 0. judge of the District court of the county of in the eighth 
 
 Judicial District, and state aforesaid, the same being a court of record 
 having and exercising coupon law jurisdiction, a seal, and a clerk, 
 and sitting judicially for the despatch of business, at the Court- 
 
 House in L iu the county, aforesaid, D. D. an alien born, 
 
 free, white, maje person, above the age of twenty-one years, and 
 applied to the said court, to be admitted to become a naturalized 
 citizen of the United States, of America, pursuant to the several acts of 
 Congress heretofore passed on that subject, entitled "An act to establish 
 a uniform rule of naturalization, and to repeal the acts heretofore passed on 
 that subject, approved the lith day of April, 1803 ; an act entitled an act in 
 addition to an act entitled an act to establish a uniform rule of naturaliza- 
 tion and to repeal the acts heretofore passed on that subject, approved on 
 the 26th day of March, 1804, an act entitled an act supplemeii,tary to the acts 
 heretofore passed on the subject, of a uniform rule of naturalization, pass- 
 ed the 30th day of July, 1813; the act relative to evidence in cases* of 
 naturalization, passed the 33d day of March, 1816 ; an act in further ad- 
 dition to an act to establish a uniform rule of naturalization, and to repeal 
 the acts heretofore passed on that subject, passed May 36th, 1834 ; and the 
 said having thereupon produced to the court record testimony, show- 
 ing that he has heretofore reported himself and filed his declaration of his 
 intention to become a citizen of the United States, according to the pro- 
 visions of the said several Acts of Congress, and the court being satisfied as 
 well from the oath of the said D. D. as from the testimony of D. C. and E. F. 
 who are known to be citizens of the United States, that the said 1). D. has 
 resided within the limits, and under the jurisdiction of the United States, 
 for at least five yeairs last-past, and at least one year last-past within the 
 state of ; and that during the whole of that time he has behaved him- 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 59 
 
 self as a man of good moral character, attachefi to the principles contained 
 in the constitution of the United States, and well disposed to the good order, 
 well-being and happiness of the same, and two years and upwards having 
 elasped since the said D. D. reported himself, and filed his declaration of 
 his intention as aforesaid. It was ordered, that the said D. D. be permitted 
 to take the oath to support the constitution of the United States, and the 
 usual oath whereby he renounced all allegiance and fidelity to every foreign 
 prince, potentate, state and sovereignty whatever, and more particularly to 
 
 the of , whereof he was heretofore a subject, which said 
 
 oath, having been administered to the said D. D. by the clerk of said court, 
 it was ordered by the court that the said D. D. be admitted to all and 
 singular the rights, privileges and immunities of a naturalized citizen of the 
 United States, and that the same be certified by the clerk of this court 
 under the seal of said court accordingly. 
 
 ' ' In Testimony whereof, the seal of said court is hereto affixed at the 
 
 clerk's office in L. this day of A. D. 1875, and of the 
 
 Independence of the United States, the Ninety . 
 
 " By order of the Court, 
 (Attest) " J. P. H. 
 
 [L. S.] "Clerk of the District Court of L — -^." 
 
 "Under the acts of Congress, children born abroad, not only of citizens 
 by birth, but also of naturalized citizens of the United States, are citizens 
 of the United States. Saspotas i). De la Motta. 10 Richardson Eq. R. 38. 
 — Brightly's Dig. 5. "Allegiance of a naturalized citizen cannot be trans- 
 ferred to another government, by a treaty ceding the territory in which he 
 is domiciled, as in case of a natural born citizen; by such cession he is re- 
 leased from his statutory allegiance and remitted to his original status." 
 Tobin ». Walkingham, 1. McAllister 180. "An alien woman, married to 
 an alien, in a foreign country, and continuing to reside there until her hus- 
 band's death, does not become a citizen, under the act of 10 February 1855, 
 so as to entitle her to dower, by reasons of her husband's naturalization 
 subsequent to their marriage. Burton v. Burton. 13 American L. R. 435. 
 By the laws of Minnesota all married women are entitled to dower, whether 
 they are citizens or foreigners. Mr. Mahony, an Irishman, ex-editor of the 
 Dubuque Herald and the present editor of the Dubuque Telegraph, when a 
 menber of the Iowa legislature had a similar act passed by the Iowa legis- 
 lature. "Under the act of 14 April 1803, the residence of an applicant for 
 naturalization within the State, need not have been for the year next pre- 
 ceeding his application. Cummings Petition. 41 New Hamp. 370. "Wil- 
 ful false swearing, by a person giving material testimony in naturalization 
 proceeding, before a state court, is an offence against the laws of the United 
 States, and punishable only in the Federal- Courts. People e. Sweetman 
 3 Parker C. R. 358 contra Rump v. Commonwealth 6 Casey, 475. "The 
 state courts, in entertaining jurisdiction of cases of naturalization, act ex- 
 clusively under the laws of the United States, and are to be deemed, quoad 
 hoc, courts of the United States. People ti. Sweetman 3 Parker C. R. 358. 
 The inhabitants of a territory ceded to the United States, by treaty, become 
 citizens of the United States, without naturalization under the acts of Con- 
 gress." Harrold's Case, 3 Penn. L. J. 119. In 1868, the courts of Penn- 
 sylvania disfranchised foreign-born naturalized citizens. Foreign-born 
 naturalized citizens, in 1868 were disfranchised in New Orleans, who were 
 naturalized in the district courts. World Almanac 1869, p. 45. Session of 
 
60 CIVIL GOVERNMENT OF THE STATES. 
 
 Congress 1868-9, a bill was introduced in Congress providing, that all 
 who had been naturalized since 1867, should give up their naturalization 
 papers and take other papers out of the courts of the United States. 
 
 CHAPTER VII.— SOLDIERS' BOUNTY— MILITARY LAND WAR- 
 RANTS—PRE-EMPTION LAW— LAND GRANTS— RAILROAD 
 LANDS— HOMESTEAD LANDS— DECLARATION OP INDE- 
 PENDENCE. 
 
 The State Governments and the Federal Government granted bounty 
 lands to the soldiers who fought in the war of the revolution. — Acts of 
 congress 1779 and 1780 gave to each captain in the army of the revolution 
 400 acres of land. Act March 2, 1807, donated 640 acres of land to each actual 
 settler who occupied them prior to July 1, 1796. — Opinions Attys. Gen. 
 vol. 2. p. 1338. Act of Sept. 28, 1850, sec. 1, page 530, 9 statutes at large, 
 gives land warrants to each of the surviving, their widow or minor 
 children of deceased commissioned and non-commissioned officers, musi- 
 cians or privates whether of regulars, volunteers, rangers, or militia, who 
 performed military service in any regiment, company or the detachment in 
 the service of the United States in the war with Great Britain, 
 declared by the United States, on the 18th day of June, 1813, or in 
 any of the Indian wars since 1790, and each of the commissioned officers 
 who was employed in the military service of the United States in the 
 late war with Mexico, shall be entitled to lands as follows : Those who 
 engaged to serve twelve months or during the war, and actually served 
 nine months, shkll receive one hundred and sixty acres, and these 
 who engaged to serve six months, and actually served four months, shall 
 receive eighty acres, and those who engaged to serve for any or an indefinite 
 period, and actually served one month, shall receive forty acres. " Brightly's 
 Dig. 96. Those who received land warrants for tailitary services in the 
 Mexican War should thank Gen. James Shields, an Irishman, who was then 
 a senator from Illinois, and who got the bill passed. He was a true friend 
 of the soldiers, and an honor to Ireland. The eighth section of the act of 
 March 3, 1855, "shall be construed as embracing officers, mariners, seamen 
 and other persons engaged in the naval service of the United States during 
 the revolutionary war." Brightly's Dig. 99. The Democratic party, in 
 the days of Jefferson, Madison and Monroe had scruples about the constitu- 
 tional powers of Congress to grant lands for internal improvements, but to 
 leave the States donate lands for that purpose. Act 30 April, 1803, Congress 
 appropriated one-twentieth part of the net proceeds of the lands within 
 the said state (Ohio), sold by Congress to be applied in making public roads 
 from the navigable waters emptying into the Atlantic and Ohio, such roads 
 to be laid out under the authority of Congress with the consent of the 
 several states through which the said road shall pass. Brightly's Dig. 708. 
 This was in strict conformity with the Constitution. Congress, from time 
 to time, has granted to the several states formed out of the public domain, 
 a percentage of the net proceeds of the sale of public lands, for public im- 
 provements. Lands have been granted for " county seats," state buildings, 
 seminaries, university buildings. Act Sept. 4, 1841, gives to the States of 
 Minnesota and other new states, lands for internal improvements. 5 Statutes 
 at Large 455. Acts of Congress have given to certain states the swamp lands 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. d 
 
 within the same. — Brightly's Dig. 493. Act Feb. 17, 1855, granted the 
 right of way to the Pacific Telegraph Company.— Brightly's Dig. 862. See 
 act March 13, 1860,-wliich gives swamp lands to Minnesota and Oreo-on.— 1^ 
 Statutes 3. Brightly's Dig. vol. 3, p. 391. Several acts of Congress hid given 
 the right of pre-emption to actual settlers, residing in the territories before 
 their organization.— Brightly's Dig. 527, 2 Statutes at Large 229. By Act of 
 March 26, 1804, lands were sold at public auction to the highest 
 bidder, the purchaser had the privilege of paying by instalments 
 —Brightly's Dig. 478. By Act of April 24, 1830, the credit 
 system was abolished, and it was provided that all lands should 
 be first offered at public auction ; if not then sold, to be subject to private 
 sale at |1.35 per acre. — Brightly's Dig. 480. The price of lands before the 
 passage of this act was two dollars per acre. Act May 18, 1796. Act March 
 3, 1803, recognized grants from Spain and England. — Brightly's Di". 519. 
 Congress granted five per cent of the proceeds of public lands for the 
 building of canals. — Brightly's Dig. 640. Congress granted lands to the 
 State of Mississippi for building the Brandon Railroad. Thisi act passed 
 Sept. 4, 1841.-5 Statutes 457. Act June 25, 1835, Congress granted to a 
 railroad company ten acres of land at the junction of the St. Mark's and 
 WacuUa Rivers. — Opinions Attys. Gen. U. 8. vol. 3, p. 13 — Act of Sept. 37 
 1850, donates to each actual settler, in Oregon, one-half section of land, 
 and one-quarter section of land was donated to each actual settler in New 
 Mexico. — Brightly's Dig. 575. It was provided that settlers should reside 
 on the land for four years. Act of Congress 1841 gives the right of pre- 
 emption to actual settlers, on the public lands, who are citizens of the 
 United States or who have declared their intentions to become such ex- 
 cept those who own 330 acres of land, or who had once pre-empted, or 
 who left his own land to make a pre-emption claim. No person shall pre- 
 empt more than one hundred and sixty acres of land. — Brightly's Dig. 476. 
 $3.50 shall be paid for lands within the limits of land grant railroads. 
 All of the public lands of the United States which shall have been in 
 market for ten years or upwards, prior to the time of application to enter 
 the same under the provisions of this act, and still remaining unsold shall 
 be subject to sale at the price of one dollar per acre ; and all of the lands 
 of the United States that shall have been in market for fifteen years or 
 upwards as aforesaid, and still remaining unsold, shall be subject to sale at 
 seventy-five cents per acre ; and all of the lands of the United States that 
 shall have been in market for twenty years or upwards as aforesaid, and 
 still remaining unsold, shall be subject to sale at fifty cents per acre ; and 
 all of the lands of the United States that shall have been in market for 
 twenty-five years and upwards as aforesaid, and still remaining unsold, 
 shall be subject to sale at twenty-five cents per acre ; and all lands of the 
 United States that shall have been in market for thirty years or more, shall be 
 subject to sale at twelve-and-a-half cents per acre." Act Aug. 4. 1854. — 
 Statutes, 10, p. 574. In 1837, public lands were granted to a railroad com- 
 pany in Louisiana, for building a depot. 5 Statutes at Large p. 196. The 
 right of way was granted through the public lands to Carrolton Railroad 
 Company. — lb. 197. Act June 18, 1838, granted lands to the territory of 
 Wisconsin for constructing a canal. 5 Statutes 245, June 38, 1838, the 
 right of way was granted to a railroad in Florida. 5 Statutes 253. In 
 1845, lands were granted to the State of Indiana to complete the Wabash 
 and Erie canal to the Ohio River. 5 Statutes 731. So that up to this time, 
 railroad companies were glad to get the right of way over the public lands 
 and a small land grant for depots, etc. But recently they have obtained 
 large land grants in the new states since the advent of the Republican 
 
62 CIVIL GOTEENMENT OP THE STATES. 
 
 party. The railroad grants have amounted to millions of acres. The 
 whole number of acres would, if located in a body, exceed in extent the 
 States of Kew York, New Jersey, Ohio, Delaware, Maryland, and 
 Pennsylvania. 
 
 The Homestead law, passed Mat 30, 1863. 
 
 "Any person who is the head of a family, or who has arrived at the age of 
 twenty-one years, and is a citizen of the United States, or who shall have 
 filed his declaration of intentions to become such, as required by the 
 naturalization laws of the United States, and who has never borne arms 
 against the United States government, or given aid and comfort to its enemies 
 shall, from and after the 1st January, 1863, be entitled to enter one quarter 
 section or a less quantity of unappropriated public lands, upon which said 
 person may have filed a pre-emption claim, or which may, at the time the 
 application is made, be subject to pre-emption at one dollar and twenty-five 
 cents or less per acre ; or eighty acres or less of such unappropriated lands, 
 at two dollars and fifty cents per acre, to be located in a body, in conform- 
 ity to the legal subdivisions of the public lands, and after the same shall 
 have been surveyed ; provided, that any person owning and residing on land 
 may, under the provisions of this act, enter other land lying contiguous to 
 his or her said land, which shall not, with the land so already owned and 
 occupied, exceed, in the aggregate one hundred and sixty acres." 
 
 "The person applying for the benefit of this act, shall, upon application 
 to the register of the land office in which he or she is about to make such 
 entry, make afiidavit before the said register as receiver, that he or she is 
 the head of a family, or is twenty-one years or more of age, or shall have 
 perfbrmed services in the army or navy of the United States, and that he 
 has never borne arms against the government of the United States, or given 
 aid or comfort to its enemies, and that such application is made for his or 
 her exclusive use and benefit, and that said entry is made for the purpose 
 of actual settlement and cultivation, and not either directly or indirectly for 
 the use or benefit of any other person or persons whomsoever ; and upon filing 
 the said affidavit with the register or receiver, and on payment of ten dollars, 
 he or she shall thereupon be permitted to enter the quantity of land 
 specified ; Provided, however, that no certificate shall be given or patent 
 issued therefor, until the expiration of five years from the date of such duty ; 
 and if, at the expiration of such time, or at any time within five years 
 thereafter, the person making such entry ; or, if he be dead, his widow ; or 
 in case of her death, his heirs or devisee ; or in case of a widow making 
 such entry, her heirs or devisee, in case of lier death; shall prove by two 
 credible witnesses that he, she or they have resided upon or cultivated 
 the same for the term of five years immediately succeeding the time of 
 filing the affidavit aforesaid, and shall make affidavit that no part of said 
 land has been alienated, and that he has borne true allegiance to the 
 government of the United States ; then, in such case, he, she, or they, if at 
 that time a citizen of the United States, shall be entitled to a patent, 
 as in other cases provided for by law; And provided further, that 
 in case of the death of both father and mother, leaving an infant child, 
 or children under twenty-one years of age, the right and fee shall issue 
 to the benefit of said infant child or children; and the executor, 
 administrators or guardian may, at any time within two years after the 
 death of the surviving parent, and in accordance with the laws of the state 
 in which such children for the time being have their domicile, sell said land 
 for the benefit of said infants, but for no other purpose ; and the purchaser 
 shall acquire the absolute title by the purchase, and be entitled to a patent 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 63 
 
 from tlie United States, on payment of the office fees and sum of money 
 herein specified." No lands acquired under the provisions of this act shall 
 in any event become liable tc^^the satisfaction of any debt or debts contracted 
 prior to the issuing of the patent therefor." "No individual shall be per- 
 mitted to acquire title to more than one quarter section under the provision 
 of this act." " Nothing in this act shall be construed as to prevent any 
 person who has availed him or herself of the benefits of the first section of 
 this act, from paying the minimum price, or the price to vrhich the same may 
 have been graduated, for the quantity of land so entered at any time before 
 the expiration of the five years, and obtaining a patent therefor from the 
 government, as in other cases provided by law, on making proof of settle- 
 ment and cultivation as provided by existing laws granting pregmption 
 rights." " Besides the ten dollars fee exacted by the said act, the homestead 
 applicant shall hereafter pay to the register and receiver each, as commis- 
 sion, at the time of entry, one per centum upon the cash price as fixed by 
 law of the land applied for, and the like commissions when the claim is 
 finally established, and the certificate therefor issued as the basis of a 
 patent." 
 
 "In any case hereafter in which the applicant for the benefit of the home- 
 stead and whose family or some member thereof is residing on the land 
 which he desires to enter, and upon which a bona fide improvement and 
 settlement have been made, is prevented by reason of distance, bodily infir- 
 mity or other good cause, from personal attendance at the district land office, 
 it shall and may be lawful for him to make the affidavit required by the 
 original statute before the clerk of the court for the county in which the ap- 
 plicant is an actual resident, and transmit the same with the fee and commis- 
 sions, to the register and receiver." "If at any time after the filing of the 
 affidavit, as required in the second section of this act, and before the ex- 
 piration of the five years aforesaid it shall be proven, after due notice to the 
 settler, to the satisfaction of the register of the land office, that the person 
 having filed such affidavit shall have actually changed his or her residence, 
 or abandoned the said land for more than six months at any time, then and 
 in that event the land so entered shall revert to the government." Brightly's 
 Dig. 287-8-9. 43 Cong. 1871-3, the following law was passed for the 
 benefit of soldiers and sailors : 
 
 Homesteads Jor Soldiers and Sailors. — Provides that every honorably dis- 
 charged private soldier and officer who served in the army during the 
 Kebellion for 90 days or more, including troops mustered into the Service 
 by virtue of the third section of "an Act making appropriations for com- 
 pleting the defences of Washington," &c., approved Feby. 13, 1863, and 
 every seaman, marine and officer who served - in the navy or marine corps 
 for 90 days during the rebellion shall, on compliance with the provisions of 
 "an Act to secure homesteads to actual settlers on the public domain," be 
 entitled to a homestead of 160, and shall be allowed six months after locating 
 his homestead to commence his settlement and improvement. But no home- 
 stead settler can receive a patent for his land until he shall have resided 
 upon and improved it for at least one year. In case of the death of any person 
 who would be entitled to a homestead under the provisions of this Act, his 
 widow or children may avail of the benefits of the Act. Where a party at 
 the date of his entry of a tract of land, or subsequently thereto, was actually 
 enlisted and employed in the army or navy, his services are to be contrued 
 as a residence for the same time upon the tract so entered. Any soldier, 
 sailor or marine, officer or other person coming within the provisions of this 
 Act may enter upon his homestead by an agent if he so elect, provided said 
 claimant in person shall, within the time prescribed, make his actual entry, 
 improvements, etc." 
 
64 CIVIL GOTBENMENT OP THE STATES. 
 
 Chap. 114. — In Selaiion to Bounties. — Provides that every volunteer, non- 
 commissioned oflScer, private, musician and artificer who enlisted into 
 the military service prior to July 22, 1861, under the proclamation of the 
 President, of May, 3, 1861, and was actually mustered before Aug. 6, 
 1861, into any regiment, company, or battery, which was accepted by the 
 War Department, shall be entitled to $100 bounty. 
 
 Tree PLANTisa on Westekn Pbairies. 
 
 Chap. 55. — ^An act to amend the act entitled "An act to encourage the 
 growth of timber on western prairies." — Be it enacted by the Senate and 
 House of Representatives of the United States of America, in Congress as- 
 sembled. That the act entitled "An act to encourage the growth of timber 
 on western prairies," approved March third, eighteen hundred and seventy- 
 three, be, and the same is hereby, amended so as to read as follows : That 
 any person who is the head of a family or who has arrived at the age of 
 twenty-one years, and is a citizen of the United States, or who shall have 
 filed his declaration of intention to become such, as required by the natur- 
 alization laws of the United States, who shall plant, protect, and keep in a 
 healthy, growing condition for eight years, forty acres of timber, the trees 
 thereon not being more than twelve feet apart each way, on any quarter- 
 section of any of the public lands of the United States, or twenty acres on 
 any legal subdivision of eighty acres, or ten acres on any legal subdivision 
 of forty acres, or one-fourth part of any fractional subdivisioii of land less 
 than forty acres, shall be entitled to a patent for the whole of said quarter- 
 section, or of such legal subdivision of eighty or forty acres, or fractional 
 subdivision of less than forty acres, as the case may be, at the expiration of 
 said eight years, on making proof of such fact by not less than two 
 credible witnesses : Praoided, That not more than one-quarter of any section 
 shall be thus granted, and that no person shall make more than one entry 
 under the provisions of this act, unless fractional subdivisions of less than 
 forty acres are entered which, in the aggregate, shall not exceed one 
 quarter-section. 
 
 THE DECLARATION OF INDEPENDENCE. 
 
 In Congkess, JuiiT 4, 1776. 
 
 THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
 STATES OP AMERICA. 
 
 When, in the course of human events, it becomes necessary for one people 
 to dissolve the political bands which have connected them with another, 
 and to assume, among the powers of the earth, the separate and equal sta- 
 tion to which the laws of nature and of nature's God entitle them, a decent 
 respect to the opinions of mankind requires that they should declare the 
 causes which impel them to the separation. 
 
 We hold these truths to be self-evident : that all men are created equal 
 that they are endowed, by their Creator, with certain unalienable rights; 
 that among these are life, liberty, and the pursuit of happiness. That to 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 6S 
 
 secure these rights, governments are instituted among men, deriTing their 
 just powers from the consent of the governed ; that whenever any form of 
 government becomes destructive of these ends, it is the right of the people 
 to alter or to abolish it, and to institute a new government, laying its founda- 
 tion on such principles, and organizing its powers in such form, as to them 
 shall seem most likely to effect their safety and happiness. Prudence, in- 
 deed, ;will dictate, that governments, long established, should not be chang- 
 ed for light and transient causes; and accordingly all experience hath shown, 
 that manliind are more disposed to suffer, while evils are sufferable, than to 
 right themselves by abolishing the forms to which they are accustomed. But 
 when a long train of abuses and usurpations, pursuing invariably the same 
 object, evinces a design to reduce them under absolute despotism, it is their 
 right, it is their duty, to throw off such government, and to provide new 
 guards for their future security. Such has been the patient sufierance of 
 these colonies; and such is now the necessity which constrains them to 
 alter their former systems of government. The history of the present King 
 of Great Britain is a history of repeated injuries and usurpations, all having 
 in direct object the establishment of an absolute tyranny over these states. 
 To prove this, let facts be submitted to a candid world. 
 
 He has refused his assent to laws the most wholesome and necessary for 
 the public good. 
 
 He has forbidden his governors to pass laws of immediate and pressing 
 importance, unless suspended in their operation till his assent should be ob- 
 tained ; and when so suspended, he has utterly neglected to attend to them. 
 
 He has refused to pass other laws for the accommodation of large districts 
 of people, unless those people would relinquish the right of representation 
 in the legislature ; a right inestimable to them, and formidable to tyrants 
 only. He has called together legislative bodies at places unusual, uncom- 
 fortable, and distant from the depository of their public records, for the 
 sole purpose of fatiguing them into compliance with his measures. 
 
 He has dissolved representative houses repeatedly, for opposing, with 
 manly firmness, his invasions on the rights of the people. 
 
 He has refused for a long time, after such dissolutions, to cause others to 
 be elected ; whereby the legislative powers, incapable of annihilation, have 
 returned to the people at large for their exercise ; the state remaining, iu 
 the mean time, exposed to all the dangers of invasion from without, and 
 convulsions within. 
 
 He has endeavored to prevent the population of these states; for that 
 purpose obstructing the laws for naturalization of foreigners ; refusing to 
 pass others to encourage their migrations hither, and raising the conditions 
 of new appropriations of lands. 
 
 He has obstructed the administration of justice, by refusing his assent to 
 laws for establishing judiciary powers. 
 
 He has made judges dependent on his will alone, for the tenure of their 
 offices, and the amount and payment of their salaries. 
 
 He has erected a multitude of new offices, and sent hither swarms of 
 officers, to harass our people, and eat out their substance. 
 
 He has kept among us, in times of peace, standing armies, without the 
 consent of our legislatures. 
 
 He has affected to render the military independent of, and superior to, 
 the civil power. 
 
 He has combined with others to subject us to a jurisdiction foreign to oui 
 constitution, and unacknowledged by our laws ; giving his assent to their 
 acts of pretended legislation : 
 
 For quartering large bodies of armed troops among us ; 
 
bb CIVIL GOVBKNMENT OF THE STATES. 
 
 For protecting them, by a mock trial, from punishment for any murders 
 which they should commit on the inhabitants of these states ; 
 
 For cutting oflf our trade with all parts of the world ; 
 
 For imposing taxes on us without our consent ; 
 
 For depriving us, in many cases, of the benefits of trial by jury ; 
 
 For transporting us beyond seas to be tried for pretended offences ; 
 
 For abolishing the free system of English laws in a neighboring pro^^nce, 
 establishing therein an arbitrary government, and enlarging its boundaries, 
 so as to render it at once an example and fit instrument for introducing the 
 same absolute rule into these colonies ; 
 
 For taking away our charters, abolishing our most valuable laws, and 
 altering fundamentally the forms of our governments ; 
 
 For suspending our own legislatures, and declaring themselves invested 
 with power to legislate for us in all cases whatsoever. 
 
 He has abdicated government here, by declaring us out of his protection, 
 and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, burnt our towns, and 
 destroyed the lives of our people. 
 
 He IS at this time transporting large armies of foreign mercenaries to 
 complete the works of death, desolation, and tyranny, already begun with 
 circumstances of cruelty and perfidy, scarcely paralleled in the most bar- 
 barous ages, and totally unworthy the head of a civilized nation. 
 
 He has constrained our fellow-citizens, taken captive on the high seas, to 
 bear arms against their country, to become the executioners of their friends 
 and brethren, or to fall themselves by their hands. 
 
 He has excited domestic insurrections amongst us, and has endeavored to 
 bring on the inhabitants of our frontiers the merciless Indian savages, whose 
 known rule of warfare is an undistinguished destruction of all ages, sexes, 
 and conditions. 
 
 In every stage of these oppressions we have petitioned for redress in the 
 most humble terms. Our repeated petitions have been answered only by 
 repeated injury. A prince, whose character is thus marked by every act 
 which may define a tyrant, is unfit to be the ruler of a free people. 
 
 Nor have we been wanting in attentions to our British brethren. We 
 have warned them, from time to time, of attempts by their legislature to 
 extend an unwarrantable jurisdiction over us. We have reminded them of 
 the circumstances of our emigration and settlement here. We have ap- 
 pealed to their native justice and magnanimity, and we have conjured them 
 by the ties of our common kindred to disavow these usurpations, which 
 would inevitably interrupt our connections and correspondence. They too 
 have been deaf to the voice of justice and of consanguinity. We must, 
 therefore, acquiesce in the necessity which denounces our separation, and 
 hold them, as we hold the rest of mankind, enemies in war, in peace 
 friends. 
 
 We, therefore, the representatives of the United States of America, in 
 general congress assembled, appealing to the Supreme Judge of the world 
 for the rectitude of our intentions, do, in the name, and by authority of 
 the good people of these colonies, solemnly publish and declare that these 
 United Colonies are, and of right ought to be, fbee and independent 
 STATES ; that they are absolved from all allegiance to the British crown, 
 and that all political connection between them and the state of Great Britain 
 is, and ought to be, totally dissolved ; arid that, as fbee and independent 
 STATES, they have full power to levy war, conclude peace, contract alliances, 
 establish commerce, and to do all other acts and things which independent 
 STATES may of right do. And for the support of this declaration, with 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 67 
 
 a firm reliance on tlie protection of Divine Pkovidencb, we mutually 
 pledge to each other our lives, our fortunes, and our sacred honor. 
 
 JOHN HANCOCK, 
 President, and Delegate from Massachusetts Bay. 
 
 New Hampshire — Josiah Bartlett, William Whipple, Matthew Thornton. 
 
 Massachusetts Bay — Samuel Adams, John Adams, Robert Treat Paine, 
 Elbridge Gerry. 
 
 Rho& Island, &c. — Stephen Hopkins, William Ellery. 
 
 Connecticut. — Roger Sherman, Samuel Huntington, William Williams, 
 Oliver Wolcott. 
 
 ifefl Torh. — William Floyd, Philip Livingston, Francis Lewis, Lewis 
 Morris. 
 
 New Jersey. — Richard Stockton, John Witherspoon, Francis Hopkinaon, 
 John Hart, Abraham Clark. 
 
 Pennsylvania. — ^Robert Morris, Benjamin Rush, Benjamin Franklin, John 
 Morton, George Clymer, James Smith, George Taylor, James Wilson, 
 George Ross. 
 
 Bdaware. — Caesar Rodney, George Read, Thomas M'Kean. 
 
 Maryland. — Samuel Chase, William Paca, Thomas Stone, Charles Carroll 
 of CarroUton. 
 
 Virginia. — George Wythe, Richard Henry Lee, Thomas Jefferson, Ben- 
 jamin Harrison, Thomas Nelson, Jun., Francis Lightfoot Lee, Carter 
 Braxton. 
 
 North Carolina. — William Hooper, Joseph Hewes, John Penn. 
 
 South Caroliruj,. — Edward Rutledge, Thomas Hayward, Jun., Thomas 
 Lynch, Jun., Arthur Middleton. 
 
 Georgia. — ^Button Gwinnett, Lyman Hall, George Walton. 
 
 The following is from eminent authorities on the right of revolution ; ' ' But 
 when the injustices are manifest and atrocious, when a prince, without any 
 apparent reason, attempts to deprive us of life, or of those things the loss 
 of which would render life irksome, who can dispute our rights to resist 
 him ? Self-preservation is not only a natural right, but an obligation im- 
 posed by nature, and no man can entirely and absolutely renounce it. And 
 though he might give it up, can he be considered as having done it by his 
 political engagements, since he entered into society only to establish his own 
 safety upon a more solid basis ? The welfare of society does not require 
 such a sacrifice ; and, as Barbeyrac well observes m his notes on Grotius ; 
 ' If the public interest requires that those who obey should suffer some in- 
 convenience, it is no less for the public interest that thqse who command 
 should be afraid of driving their patience to the utmost extremity. The 
 prince who violates all laws, who no longer observes any measures, and who 
 would in his transport of fury take away the life of an innocent person, 
 divests himself of his character, and is no longer to be considered in any 
 other light than that of an unjust and outrageous enemy, against whom his 
 people are allowed to defend themselves." — Vattel'sLaw of Nations, Book 
 1, Chap. 4, p. 32. "If the representatives of the people betray their con- 
 stituents, there is then no resource left but in the exertion of that original 
 right of self-defence, which is paramount to all positive forms of govern- 
 ment; which against the usurpation of the national rulers, may be exerted 
 with an infinitely better prospect of success than against those of the rulers 
 of an individual state." — Federalist, No. 39, p. 146. 
 
00 CrvIL GOVERNMENT OF THE STATES. 
 
 "This memorable declaration, in imitation of that published by the 
 Netherlands on a similar occasion, recapitulated the oppressions of the 
 British King, asserted it to be the natural right of every people to with- 
 draw from tyranny, and, with the dignity and the fortitude of conscious 
 rectitude, it contained a solemn appeal to mankind, in vindication of the 
 necessity of the measure. By this declaration, made in the name, and by 
 the authority of the people, the colonies were absolved from all allegiance 
 to the British crown and all political connection between them and Great 
 Britain w;as totally dissolved. The principle of self-preservation, and the 
 right of every community to freedom and happiness, gave sanction to this 
 separation. When the government established over any people becomes 
 incompetent to fulfil its purpose, or destructive to the essential ends for 
 which it was instituted, it is the right of that people, founded on the law 
 of nature and the reason of mankind, and supported by the soundest 
 authority, and some very illustrious precedents, to throw off such govern- 
 ment, and provide new guards for their future security.'' — Kent's Comm. vol. 
 1, pp. 308-9. 
 
 Webster on revolution : 
 
 " The inherent right of the people to reform their government, I do not 
 deny ; and they have another right, and that is, to resist unconstitutional 
 laws, without overturning the government. I admit that there is an ulti- 
 mate violent remedy, above the Constitution and in defiance of the (Consti- 
 tution, which may be resorted to when a revolution is to be justified." — 
 Debate between Webster and Hayne. 
 
 Jackson on revolution : 
 
 "That a state, or any other great portion of the people, suffering under 
 long and intolerable oppression, may have a natural right to appeal to 
 the last resort, need not, on the present occasion, be denied." — Jackson's 
 Nullification Proclamation. "If therefore any future prince should 
 endeavor to subvert the Constitution by breaking the original contract 
 between king and people, should violate the fundamental laws, and should 
 withdraw himself out of the kingdom ; we are now authorized to declare 
 that this conjunction would amoun* to an abdication, and the throne 
 would be thereby vacant." "In these cases" the learned author leaves 
 "to future generations" to decide "whenever the necessity and safety 
 of the whole people shall require it " (the right to resist the king or Ex- 
 ecutive or government), "the exertion of those inherent,' though latent 
 powers of society, which no climate, no time, no constitution, no contract, 
 can ever destroy or diminish." — 1 Blackstone's Comm. p. 345 (Marginal p.) 
 
 CHAPTER VIII. — CONTINENTAL CONGRESS — REVOLUTION 
 AND INDEPENDENCE— CONSTITUTIONAL CONVENTION- 
 FEDERALISTS. 
 
 The people of the colonies of New England, who left the Mother Country, 
 in consequence of the oppression of the government and the established 
 church, were jealous of their rights, civil and political. They wished to 
 breathe the pure air of freedom in the wilds of America, and feared every 
 encroachment of the despotic power of the British Crown. To avoid the 
 encroachment of the British government the first Continental Congress was 
 held, in 1634, composed of delegates from the four colonies of Massachu- 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 69 
 
 setts, Plyraoutb, New Haven and Connecticut, styled the " United Colonies 
 of New England." This union lasted for forty years. The object of the union 
 was to resist the tyranny of England, for annulling the charterof Massachusetts, 
 in 1634 ; for Massachusetts had set up a system of church and state of her own, 
 and had bpldly refused to comply with the discipline of the Church of 
 England. The British authorities had grave fears that the people of 
 Massachusetts would separate from the mother country and form an inde- 
 pendent government. A Congress met at New York, May 1, 1691, for the 
 purpose of guarding the frontiers against the ravages of the Indians and 
 French. Congresses educated the people to unite against the common enemy 
 and to prepare them for self-government. A Congress composed of delegates 
 from the New England states, New York, Pennsylvania and Maryland met at 
 Albany, July 4th,1754, when a plan of confederation was drawn up by Dr. 
 Franklin, but was rejected by both England and America. In consequence of 
 an attempt of Great Britain to tax the colonies, without their consent and 
 without representation in making laws ; and other odious, tyrannical and 
 oppressive measures, the people of the colonies resolved to strike for 
 freedom, and to rid themselves and posterity from the thraldom of British 
 misrule and despotism. Finding that England was becoming more and 
 more despotic, the brave people of the colonies raised the standard of 
 freedom, and nobly avowed resistance to British rule and unjust and oppres- 
 sive taxation I The first Continental Congress of the colonies met at 
 Philadelphia, at Carpenter's Hall, September 4th, 1774. There were in 
 attendance delegates from New Hampshire, Massachusetts, Rhode Island, 
 and Providence Plantations, Connecticut, New York, New Jersey, 
 Pennsylvania, Delaware, Maryland, Virginia, North Carolina, and South 
 Carolina. Georgia had no delegates. Each colony had an equal voice in 
 the Congress, which appears from a resolution of September 6th, 1774 : 
 ^'^JBesohed — That, in determining questions in this Congress, each colony or 
 province shall have one vote ; the Congress not being possessed of, or at 
 present able to procure, materials for ascertaining the importance of each 
 colony.'' — Madison Papers, 181. The first opposition to the authority of 
 the congress came from Vermont. The authorities of Vermont resisted 
 the authorities of New York, and seceded from that State, and set up an 
 independent government. The Continental Congress, March 18th, 1780, 
 called upon Vermont to submit to the authority of New York. On 
 the 37th November, 1783, it was solemnly declared in congress 
 that the traitorous intentions between the inhabitants of Vermont 
 and the public enemy should be suppressed. The delegates from 
 New Jersey were opposed to using force against the authorities of 
 Vermont. But this was done under instructions from the Legis- 
 lature of that State. Vermont had nullified a resolution of Congress of 
 1799, which called upon her to make restitution to those whom she had 
 driven from their homes. — Madison papers, 8-9. It was also declared in 
 Congress that the authorities of Vermont were perfidiously devoted to the 
 British interest. The only state which stood by Vermont in her secession, 
 nullification, and treasonable conduct, was Rhode Island, (which was in- 
 terested in Vermont lands), and the state of New Jersey, which acted under 
 instructions from her legislature. Thus, we find Rhode Island justifying 
 treason, secession, and nullification for a mere consideration — for filthy 
 lucre. Thus sacrificing liberty, union, and patriotism for self-interest. — 
 Madison papers, p. 10. After the peace of 1783, the monarchy-men wrote 
 to Washington intimating to him that the best and most desirable form of 
 government for the colonies, was a monarchy, and that he was the most 
 suitable and popular person for a king. But the noble patriot and father 
 
70 CIVIL GOVERNMENT OF THE STATES. 
 
 of his country looked upon such scheme with disdain and detestation! The 
 Tories and monarcliy-men thought to use the name and popularity of the 
 Father of his country to establish monarchy in America — to entail on the 
 colonies the fatal curse of domestic monarchy I This would be only ex- 
 changing a foreign for a domestic tyrant— foreign slavery for local and do- 
 mestic slavery — this would be throwing away all the blessings of liberty ! 
 sacrificing the noble boon for which the heroes of 1776 fought and bled and 
 conquered ! Jefferson speaks thus, 6f the designs of the monarchy-men : 
 "Delegates indifferent places had actually had consultations on the subject 
 of seizing on the powers of a government, and establishing them by force, 
 had correspondence with one another, and had sent a deputy to General 
 Washington to solicit his co-operation. He refused to join them." "The final 
 passage and adoption of the constitution completely defeated the views 
 of the combination, and saved us from an attempt to establish a govern- 
 ment over us by force." — Jefferson's Works, vol. 9, p. 188. The monarchy- 
 men being thus foiled in their unholy attempt to establish a government by 
 force and usurpation, the next plan was to form the society of ^^ Cincinnati" 
 with Alex. Hamilton as grand master : with the intention to incorporate 
 monarchical and aristocratical principles on the new government. Jefferson 
 wrote to Washington to have him use his influence in abolishing the ^^Cincin- 
 nati" society, which he partially effected ; but the members refused to discon- 
 tinue it during the lives of the members. They were the more unwilling 
 to abolish the society, as Major La Infant had just returned from Prance 
 with the eagles for the society, as well as letters of leave from the French 
 King to the French soldiers in America, to accept of the order of the society. 
 The monarchy-men, failing to incorporate the favorite principles of this 
 secret society on the government, embarrassed the deliberations of the 
 convention, called by the Middle States, so that nothing could be done. 
 They wanted that the convention would break up without accomplishing 
 anything — so that they would make their way from anarchy to monarchy. 
 Madison seeing the designs of the monarchy-men, moved a resolution for 
 calling a general convention at Philadelphia, which was adopted notwith- 
 standing the strenuous opposition from the monarchy-men. The commission- 
 ers recommended that the States should send delegates to the Philadelphia 
 convention to amend the old articles of confederation. The convention 
 met at Philadelphia, May 14, 1787, with closed doors ; members were not 
 allowed to communicate the proceedings of the convention to the public. 
 It was found that the delegates had conflicting opinions, on the theory of 
 the government itself ; local interests, and opinions arising from prejudice 
 and private ambition, which pervaded the deliberations of the convention. 
 The monarchy-men contended strenuously for the annihilation of the state 
 governments, and for the adoption of the British constitution, with Kings, 
 lords, and commons, together with its bribing policy and corruption, as the 
 best model of government in the world. 
 
 Mr. Dickinson said : 
 
 ' ' A limited monarchy he considered as one of the best governments in 
 the world." — Madison Papers 148. 
 
 Mr. Gerry said : 
 
 "If the reasoning of Mr. Madison were just, and we suppose a limited 
 monarchy the best form in itself, we ought to recommend it, though the 
 genius of the people was decidedly adverse to it."^Madison Papers, 184. 
 
 We give Madison's opinion of the monarchy-men. "It was known that 
 there were individuals who had betrayed a bias towards monarchy and there 
 had always been some not unfavorable to a partition of the union into 
 several confederacies, either from a better chance of figuring on a sectional 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 71 
 
 theatre, or that the sections would require stronger governments, or by 
 their hostile conflicts, lead to a monarchical consolidation." Madison 
 Papers 120. 
 
 We insert Hamilton's opinion of the British constitution. " This progress 
 of the public mind led him to anticipate the time, when others as well as him- 
 self would join in the praise bestowed by Mr. Neckar on the British 
 Constitution — namely, that it is the only government in the world, which 
 
 unites public strength with individual security Their 
 
 House of Lords is a most noble institution." . . . "The English 
 model was the only good one on the subject. The hereditary interest of 
 the king was so interwoven with that of the nation, and his personal emol- 
 ument so great, that }je was placed above the danger of being corrupted 
 abroad ; and at the same time was both sufficiently independent and suffi- 
 ciently controlled to answer the purpose of the institution at home." — Madi- 
 son Papers, pp. 203-303. 
 
 Hamilton further showed that he was in favor of adopting the British 
 constitution, with its secret service and corruption system. He speaks 
 thus : "It was known that one of the ablest politicians (Mr. Hume) had 
 pronounced all that influence on the side of the crown, which went under 
 the name of corruption, an essential part of the weight which maintained 
 the equilibrium of the constitution." — Madison Papers 339. The second 
 party proposed what was called the Jersey plan : to retain to the thirteen 
 statfes their sovereignty, independence, and equality in full force and en- 
 joyment. To have one house of congress where all the states should be 
 equally represented. To amend the old Federal government so as to en- 
 large the powers of congress for collecting the revenue and paying the 
 debts of the states — for the protection of the states from foreign and do- 
 mestic violence. To grant such powers to the Federal Government as was 
 necessary for the public good. The third plan was that proposed by 
 Virginia, giving to the populous states of Pennsylvania, Virginia, and 
 Massachussetts a preponderance in the Government over the smaller 
 and less populous states — which would give to these three states thirteen 
 senators out of twenty-eight, wealth and numbers to be the basis of 
 representation. To form a government part Federal and part national 
 — to run a line between the Jersey plan (a confederatioa of the states) 
 and the consolidation of the states and a national government. The mon- 
 archy-men finding themselves in a minority with the convention and the 
 people, and finding that they could not then carry their schemes through, 
 and apprehensive that they could not establish a monarchy on the basis of 
 a government which'derived its existence and power from the State legisla- 
 tures. That while the government acted only on the states, as states, and not 
 on the people as individuals, they could never consolidate the states and 
 establish a monarchy. For the state legislatures would be found a check 
 on any attempt to usurp power or to favor a monarchy or a military despot- 
 ism! Hamilton finding chat he could not establish a monarchy, and! 
 wishing to defeat the Jersey plan proposed a compromise: To divide tlie 
 United States into districts, composed of one or more states; and to elect! 
 a president and senate by the people, to hold office during good behavior ; 
 to elect a House of Representatives for two years. To appoint the courts 
 and state governments by Congress. Hamilton wanted to abolish the state 
 governments and to make the power of Congress supreme. To have the 
 army, navy, and state militia, under the exclusive control of the national 
 government. To give Congress a negative on state laws. But this plan 
 did not receive much support ; so the monarchy-men joined the advocates 
 of the Virginia plan and defeated the Jersey plan. Hamilton .speaks in 
 favor of electing officers for life thus : 
 
73 CIVIL GOVEENMENT OF THE STATES. 
 
 "Let one branch of the legislature hold their places for life, or at least 
 during good behavior. Let the executive, also, be for life." — Madison 
 Papers 303. Beware of a third term I 
 
 Madison speaks of the attempt of Hamilton to abolish the state legisla- 
 tures; "One gentleman (Col. Hamilton) in his animadversions on the plan 
 of New Jersey, boldly and decisively contended for an abolition of the 
 state governments." — Madison Papers, 330. 
 
 Unfortunately for liberty, there was a large party in the convention, that 
 viewed everything pertaining to government through the medium 
 of the British Constitution and British laws. The monarchists imagined 
 that British statesmen were the wisest of men and the British govern- 
 ment the very height of human perfection. They despised the power of 
 the states and the people. They wanted a strong consolidated government 
 which in time would abolish the state governments and end in monarchy. 
 They were in favor of a limited monarchy. They hated democracy and the 
 power of the people 1 The Jersey-men, at the beginning of the convention, 
 were called Federalists, as they were in favor of a Federal confederation of 
 the states. Those who opposed the Jersey plan were, then, called anti- 
 Federalists. During the progress of the convention, as the Jersey plan was 
 defeated the Virginia plan was called a Federal government, which req^ived 
 some support from the monaichy-men. The monarchy-men, the better to 
 hide their ultimate views and plans, assumed the name of Federalists, and 
 those in favor of state rights were called anti-Federalists. ■ The state-rights 
 men now assumed an opposition to consolidation and monarchy. The 
 Federalists were in favor of putting supreme power in the national govern- 
 ment and reducing the states to counties ! 
 
 Mr. Picking offered the following resolution enlarging the powers of 
 Congress: "to negative all laws passed by the several states interfering, in 
 the opinion of the legislature, " for they spoke of the Congress by this name 
 in the convention, "with the general interests and harmony of the Union, 
 provided that two-thirds of the members of each house assent to the same." 
 
 Mr. Rutledge said on this occasion : 
 
 ' ' If nothing else, this alone would damn, and ought to damn, the consti- 
 tution. Will any state ever agree to be bound hand and foot in this manner ? 
 It is worse than making mere corporations of them, whose by-laws would 
 not be subject to this shackle." Madison papers 468. If the fathers 
 of the constitution had lived until now, what would they think 
 of the usurpation of the Congress and the Radical party ? What 
 would they think of the military despotism wielded over the south ? 
 What would they think of reducing states to mere military departments, to 
 be governed by the whim of some military dictator, acting under the 
 dictatorship of Congress I Did they dream that the whites of eleven 
 states would be reduced to such an abject servitude, as to be under the 
 dominion of the " Anglo African ! ! " Oh ! shades of the mighty dead ! ! 
 
 Hamilton speaks in favor of the abolishment of the states, thus : 
 
 " By an abolition of the states, he meant that no boundary can be drawn 
 between the national and state legislature ; that the former must therefore 
 have indefinite authority. If it were limited at all, the rivalship of the 
 states would gradually subvert it. Even a corporation the extent of some 
 of them, as Virginia, Massachusetts, &c., would be formidable. As states, 
 he thought they ought to be abolished." — Madison Papers, 313. 
 
 Again, he says: "He acknowleged himself not to think favorably of 
 Republican government ; but addressed his remarks to those who did think 
 favorably of it, in order to prevail on them to tone the government as 
 high as possible." — Madison Papers, 344. 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 73 
 
 Gouverneur Morris said in a speech in the convention on uniting and 
 consolidating the states, thus : 
 
 "This country must be united. If persuasion does not unite it, the 
 sword will." — Madison Papers, 376. Was this prophecy ? How faithfully 
 the Radicals have followed in the footprints of the " blue-light Federalists." 
 Indeed the present Radicals derive all their arguments from the Tories and 
 Federalists. Yea, even from the Parliamentarians of England and the 
 Red Republicans of France and from the theories of despotic governments 
 ancient and modern ! Again, this same Gouverneur Morris speaks further 
 of the abolition of the states : — 
 
 " State attachments, and state importance, have been the bane 
 of this country. We cannot annihilate, but we may perhaps take out 
 the teeth of the serpent." — Madison Papers, 277. Oh, shade of 
 Federalism 1 how perseveringly the Radicals have, since their ad- 
 vent into power, worked to annihilate the state governments. Oh, 
 admirable Sterens, Sumner, Butler and Wade, you have been apt disciples 
 of the '■'■hhie-ligM Federalist " — you have faithfully and religiously followed 
 the political teachings of John Adams and 'Alexander Hamilton. But 
 though you did not completely succeed in establishing monarchy, you made 
 a bold and vigorous attempt. Though you attempted the annihilation of 
 the southern states, by your infamous re -construction bills, yet you did not 
 establish monarchy; but you made vast and rapid strides! Though you 
 trampled the constitution under foot, yet you did not attain your darling 
 object, the establishment of the British Constitution with Kings, Lords, 
 and Commons on the ruins of the Constitution of Washington! It is true 
 that though you failed to establish a monarchy, you succeeded in establish- 
 ing a dictator! ! Tour power is gone ! ! The Federalists in the convention 
 and through the states wanted to make wealth and education a test of quali- 
 fication for citizenship and for holding office. 
 
 Mr. Mason moved: "That the committee of detail be instructed to re- 
 ceive a clause, requiring certain qualifications of landed property, and citi- 
 zens of the United States, in members of the national legislature ; and dis- 
 qualifying persons having unsettled accounts with, or being indebted to, 
 the United States from being members of the national legislature." 
 
 "Col. Mason mentioned the parliamentary qualification adopted in the 
 reign of Queen Anne, which, he said, had met with universal appro- 
 bation." — Madison Papers, p. 370. 
 
 The following is from a speech of Gouverneur Morris on the qualification 
 of voters. 
 
 "Give the votes to people who have no property, and they will sell them 
 to the rich, who will be able to buy them. We should not confine our 
 attention to the present moment. The time is not distant when this country 
 will abound with mechanics and manufacturers, who will receive their 
 bread from their employers ? Will such men be the secure and faithful 
 guardians of liberty? Will they be the impregnable barrier against 
 aristocracy? He was as little duped by the association of the words 
 ' taxation and representation.' The man who does not give his vote freely, 
 is not represented. It is the man who dictates the vote." — Madison Papers 
 886. Madison moved to strike out the word " landed " before the word 
 '"qualification." "Landed possessions were no certain evidence of real 
 wealth, many enjoyed them to a great extent who were more in debt than 
 they were worth. The unjust laws of the states had proceeded more from 
 this slass of men than any others." — Madison Pagers, 371. 
 
 "The right of suffrage is certainly one of the fundamental articles of 
 republican government, and ought not to be left to be regulated by the 
 
74 CIVn, GOTBKNMENT OF THE STATES. 
 
 legislature. The gradual abridgment of this right has been the mode in 
 which aristrocacies have been built on the ruins of popular forms." — 
 Madison Papers, 387. 
 
 Mr. Pinckney said : 
 
 "It was prudent, when such great powers were to be trusted, to connect 
 the tie of property with that of representation in securing a faithful admin- 
 istration. The legislature would have the fate of the nation put into their 
 hands. The president would also have a very great influence on it. The 
 judges would not only have important causes between citizens, but also 
 where foreigners are concerned. They will even be the umpires between 
 the United States and individual states, as well as between one state and 
 another. Were he to fix the quantum of property which should be required, 
 he should not think of less than one hundred thousand dollars for the 
 president, half that sum for each of the judges, and in like proportion for 
 the members of the National Legislature." — Madison Papers, 403. 
 
 Dr. Franklin said in reply, that he "expressed his dislike to everything 
 that tended to debase the spirit of the common people. If honesty was 
 often the companion of wealth, and if poverty was exposed to peculiar 
 temptations, it was not less true that the possession of property increased 
 the desire of more property. Some of the greatest rogues he was ever ac- 
 quainted with were the rich rogues." — Madison Papers, 403. 
 
 The Radicals of Massachusetts and Connecticut have followed faithfully 
 the example of their Federal ancestors, by excluding all from the ballot-boxj 
 who cannot read and write the English language. The radicals of Rhode 
 Island have gone still further by making property a qualification for citizen- 
 ship. We have many Radicals in other states who are wishing for an op- 
 portunity to make education and property a qualification for citizenship in 
 all the states. The Federalists wanted to exclude foreigners from partici- 
 pation in the government. They wanted Americans to rule America — to 
 reduce the foreigners to vile servitude — mere hewers of wood and drawers 
 of water. Qouverneur Morris moved to insert fourteen instead of four 
 years' citizenship, as a qualification for senators; urging the danger of ad- 
 mitting strangers into our public councils." — Madison Papers, 398. 
 
 Butler said that he "was decidedly opposed to the admission of foreigners 
 without a long residence in the country. They bring with them, 
 not only attachments to other countries, but ideas of government so distinct 
 from ours, that in every point of view they are dangerous." "He mentioned 
 the great strictness observed in Great Britain on this subject." — Madison 
 Papers, 399. 
 
 Gouverneur Morris again said : "Run over the privileges which emigrants 
 would enjoy among us, though they should be deprived of being eligible to 
 the great offices of government ; observing that they exceeded the privileges 
 allowed to foreigners in any part of the world ; and that as every society,, 
 from a great nation down to a club, had the right of declaring the condi- 
 tions on which new members should be admitted, there could be no room 
 for complaint. As to those philosophical gentlemen, those citizens of the 
 world, as they call themselves, he owned, he did not wish to see any of 
 them in our public councils. ' ' He would not trust them. The men who 
 can shake off their attachment to their own country can never love any 
 other." "Admit a Frenchman into your Senate, and he will study to in- 
 crease the commerce of France." — Madison Papers, 400. 
 
 Mr. Williamson said : 
 
 "He wished this country to acquire, as fast as possible, national habits. 
 Wealthy emigrants do more harm, by their luxurious example, than good 
 by the money they bring with them." — Madison Papers, 411. 
 
COJSSTITUTIONAIi HISTOKY OF UNITED STATES. 75 
 
 Mr. Madison said : 
 
 ' ' He wished to invite foreigners of merit and republican principles among 
 us. America was indebted to emigrants for her settlement and prosperity. 
 That part of America which has encouraged them most had advanced most 
 rapidly in population, agriculture, and the arts." "Instances were rare of 
 a foreigner being elected by the people within any short space after his 
 coming among us. If bribery was to be practised by foreign powers, it 
 would not be attempted among the electors, but among the elected, and 
 among natives having full confidence of the people, not among strangers, 
 who would be regarded with a jealous eye." — Madison Papers, 413. 
 
 Franklin said: 
 
 "We found in the course of the revolution that many strangers served us 
 faithfully, and that many natives took part against their country. When 
 foreigners, often looking about for some other country in which they can 
 obtain more happiness, give a preference to ours, it is a proof of attachment 
 which ought to excite our confidence and affection." — Madison papers 399. 
 Thus, we see that the Federalists showed their hostility to foreigners. 
 Native Americans and Know-Nothings have religiously followed in the foot- 
 paths of the Tories and Federalists. Oh, what ingratitude to foreigners, who 
 had shed their blood in the cause of American independence ! It appears that 
 all parties who have opposed the democratic party, were the enemies of 
 foreigners. Know-Nothing principles can be traced back to the very con- 
 vention, that framed the constitution. Yea, before the bodies of those 
 patriotic foreigners who died in the cause of American freedom, had molder- 
 ed into clay! What ingratitude — '■'■No Irishneed apply.^' This vile attempt 
 of the monarchy-men to establish a monarchy, an aristocracy, or a consol- 
 idation of the states, on the ruins of the states and American liberty, 
 alarmed the friends of state-rights and popular government both 
 in the convention and throughout the country. Some delegates left 
 the convention and went home and never returned, for they 
 claimed that the states had sent them to amend the Federal constitu- 
 tion, and not to form a national government. That the states would 
 never send delegates to the convention, if they thought that the delibera- 
 tions of the convention would turn on the consolidation of the states or a 
 national government. The Federalists and the friends of a strong govern- 
 ment were in favor of giving congress the power to "emif Mlli of credit," to 
 abolish slavery ; to incorporate banks ; to pass laws for the encouragement 
 of commerce, manufactures and agriculture, they wanted to clothe the 
 government with discretionary powers ! It is from this source that Federal- 
 ists, Know-Nothings, Republicans and Radicals have derived their princi- 
 ples, prejudices and bigotry. The state rightsmen did not want to trust the 
 government with the purse and the sword, or with discretionary power 
 of taxation, and with the power of raising men without any limita- 
 tion. They argued that if the Federal government were invested with 
 discretionary power over the resources of the states, the people would be 
 ground between the upper and nether millstone; that there would be 
 nothing left to support the state governments. That the Federal govern- 
 ment would centralize the power of the country, which, in time, would 
 annihilate the state governments ; and end in the establishment of a military 
 government or a monarchy ! It appears from Madison Papers, and Elliott's de- 
 bates, that the southern people were jealous of their rights, particularly, on 
 the tariff and slavery questions ; that they would never have entered into a 
 nnion,if they thought that either of these rights would be invaded ! Indeed, 
 the constitution would never have been formed or adopted, only for the 
 conciliatory and compromising spirit of the Fathers and Founders of the con- 
 
76 CIVIL GOVERNMENT OF TUB STATES. 
 
 stitution and the Union. — Greeley's Amer. Conflict, vol. 1, p. 46. They yielded 
 their own private and public views for the public good ! From the history 
 of the country, the debates and journals of the convention, and the opinions 
 of the "Fathers," we find that the Federal Union is the creature of the 
 states, deriving its power and existence therefrom. That all powers not 
 granted to the Federal government is reserved to the states. Immediately 
 after the adoption of the constitution, the advocates of a strong government, 
 the Federalists, sought by implication and inference to give the Federal 
 government the very same powers they failed to ingraft on the con- 
 stitution, in the convention. They claimed to give to the constitution a 
 latitudinous construction, adding inference upon inference from "earth to 
 heaven, like Jacob's ladder."" 
 
 We quote the following from Thomas Jefferson on the objects and plans 
 of the Federalists, in construing the government into a monarchy : 
 
 "I have stated the above, that the original objects of the Federalists were, 
 1st, to warp our government more to the form and principles of monarchy, 
 and, 2d, to weaken the barriers of the state government as co-ordinate 
 powers. In the first they have been so completely foiled by the universal 
 spirit of the nation, that they have abandoned the enterprise, shrunk from 
 the odium of their appellation, taken to themselves a participation of ours, 
 and under the Pseudo-Republican mask, are now aiming at the second 
 object, and strengthened by unsuspecting or apostate recruits from our 
 ranks, •are advancing fast towards an ascendency." — Jefferson's Works, vol. 
 7, p. 393. Well, if the Federalists did not gain an ascendency, in the time 
 of Jefferson, their followers, under false colors of a Republican name, used 
 under false pretence to get into power, like a pirate, they hoisted the Uaek 
 flag of Federalism at their mast head, and by the aid of military necessity, 
 they have committed the most glaring usurpations and wielded a military 
 despotism which Jefferson never dreamt of. If they did not establish a 
 monarchy in name they wielded a military despotism and trampled the 
 constitution of the United States, and the constitutions and laws of several 
 States under foot. 
 
 Jefferson further speaks of the opinions and. principles of the Fede- 
 ralists : 
 
 "Federalism, stripped as it now nearly is, of its landed and laboring 
 support, is monarchism, Anglicism; and whenever our own dissensions 
 shall let them in upon us, the last ray of free government closes on the 
 horizon of the world." 
 
 Oh, how prophetic of the despotism of the so-called Republican party, 
 since the election of Lincoln ! for the Republican party is the faithful suc- 
 cessor of the Federalist. It has made a vast and rapid stride towards 
 monarchy. 
 
 Again, Jefferson says : 
 
 "Among that sectiompf our citizens called Federalists, there are shades of 
 opinion. Distinguished between the leaders and the people who compose 
 it, the leaders consider the English Gonstitution as a model of perfection, 
 some with a correction of its views, others, with all its corruptions and 
 abuses. This last was Alexander Hamilton's opinion." — Jefferson's Works, 
 vol. 6, p. 95. 
 
 "This government they wished to have established here, and only 
 complied and held part, at first, to the present constitution, as 
 a stepping-stone to the final establishment of the final model. This 
 party has therefore always clung to England as their prototype, and great 
 auxiliary in promoting and effecting this change." — Jefferson's Works, 
 vol. 6) p. 95. 
 
CONSTITUTIONAL HISTOET OF UNITED STATES. 77 
 
 How faithfully the Radicals have followed the teachings of Alex. Hamil- 
 ton and the "blue-light Federalists," since their advent into power. Had 
 the people followed them in their mad career, they would have established 
 a monarchy on the ruins of the constitution and free government. 
 
 CHAPTER IX. 
 
 The new constitution went into operation, on March 4th 1789, with Wash- 
 ington as President. He formed his cabinet of Federalists and Democrats ; 
 Thomas Jefferson, Secretary of State, and Alexander Hamilton, Secretary of 
 the Treasury. The democratic party and Thomas Jefferson, as their leader, 
 contended for a strict construction of the constitution. They held that 
 the exercise of doubtful or discretionary powers, by the executive or Con- 
 gress, were not warranted by the constitution. That the general govern- 
 ment should exercise only such powers as were given by the letter of 
 the constitution, or such as were absolutely necesssary for carrying those 
 powers into force — that the assumption of doubtful powers were null and void 
 — a palpable usurpation of power, destructive of popular liberty ; the rights 
 of the states and the liberty of the people. Those were the principles of 
 the democratic party then, and are its principles now. If the demociatic 
 party should ever abandon its principles, then will end the hopes of popu- 
 lar government, not only on this continent, but all over the world! 
 Hamilton formed his political and financial system, so as to control 
 Congress, consolidate the states and form a monarchy! "His financial 
 system had two objects: 1st as a puzzle, to exclude popular under- 
 standing and inquiry, 2d as a machine for the corruption of the 
 legislature; for he avowed the opinion, that man could be govern- 
 ed by one of two motives only, force and interest. Force, he observed, 
 in this country was out of the question, and interest, therefore of 
 the members must be laid hold of, to keep the legislature in unison 
 with the executive." — Jefferson's Works vol. 9, p. 91. How faith- 
 fully the Congress and the Radical state legislatures have yielded to the 
 motives of interest — the lobby-men could tell — the various rings in the 
 United States could reveal it. The great overgrown monopolies could tell 
 of your wholesale venality. Hamilton used the funding system as a means 
 to corrupt the Congress and to bring to his aid the vile speculators and 
 the ^ Stock-jobbing^ herd, who made vast fortunes by Hamilton's scheme of 
 finance. Such has l)een the policy of the SadicalS towards the bondholders of 
 our time! For Federalists and Radicals are, in principle, identically the 
 same ! The Eastern States made threats of seceding from the Congress and of 
 dissolving the union, if Congress did not assume the state debts. — Thus, 
 New England was the first to raise the standard of secession, if the Federal 
 government refused to assume the debts of the states. As a compromise the 
 Federal government assumed twenty millions of the state debts ; on receiv- 
 ing this bonus New England remained in the union ! I The next step of the 
 monocrats was to establish a money power, or United States Bank, as a per- 
 manent institution for centralization and corruption ; as a stepping-stone to 
 Monm-ehy." The bank was located at Philadelphia, the then Capital, which 
 made Congress a sink-hole of venality, bribery, and corruption. Members 
 of both houses of Congress were directors of the bank, who together with 
 speculators and friends of the bank and Stock-jobbers gave Hamilton a 
 
78 Cnril. GOVBENMENT OP THE STATES. 
 
 majority. This violent and corrupt course of Hamilton caused an 
 opposition to the administration. The following is from Jefferson, 
 the leader of the opposition : 
 
 "Here then were the real grounds of opposition, which was made to the 
 course of the administration — its object was to preserve the legislature pure 
 and independent of the executive, to restrain the administration to republi- 
 can forms and principles, not permit the constitution to be construed into a 
 monarchy, and to be warped in practice, into all the principles and pollutions 
 of their favorite English model. Nor was this an opposition to General 
 Washington. He was true to the Eepublican charge confided to him, and 
 has solemnly and repeatedly protested to me, in our conversations, that 
 he would lose the last drop of his blood in the support of it ; and he did 
 this the oftener and with the more earnestness, because he knew my 
 suspicions of Hamilton's designs against it, and wished to quiet them. 
 For Hamilton's great argument in favor of a national bank was that it was 
 necessary for the public credit and to prosecute the Indian wars. 
 
 Jefferson opposed the national bank and gave a written opinion of its 
 unconstitutionality. Hamilton and his party were for copying everything 
 from England — government, banks, paper money, and corruption. They 
 showed great favor to England and hostility to France, the former ally of 
 America. This was gratitude with a vengeance! 
 
 During the X. Y. Z. Congress, the Federalists were in favor of making 
 war on France, so as to aid England. "The government was well apprised 
 of the predominancy of the British interest in the United States; that they 
 considered Colonfel Hamilton, Mr. King, Mr. William Smith of South 
 Carolina as the main support of that interest : that particularly, they con- 
 sidered Colonel Hamilton, and not Mr. Hammond, as their effective minis- 
 ter here ; that if the anti-federal interest (that was his term), at the head 
 of which they considered Mr. Jefferson to be, should prevail, these gentlemen 
 had secured an asylum to themselves in England." — Jefferson's Works, vol. 
 9, p. 145. 
 
 "The Federalists wished for everything which would approach our new 
 government to a monarchy." Jefferson's Works vol. 9, p. 480. 
 
 Jefferson gives the following account of the origin of parties, thus: "We 
 broke into two parties ; each wishing to give the government a different 
 direction ; the one to strengthen the most popular branch, the other the 
 more permanent branches and to extend their permanency." Jefferson's 
 Work's vol. 6, pp. 143-4. 
 
 Jefferson further speaks of the usurpation of the Federal party, thus : 
 
 "Giving a little to-day and a little tomorrow; advancing its noiseless 
 steps like a thief, over the field of jurisdiction until all shall be usurped 
 from the states, and the government of all be consolidated into one. To 
 this I am opposed; because, when all government, domestic and foreign, 
 in little as in great things, shall be drawn to Washington as the centre of 
 all power, it will render powerless the checks provided of one government 
 on the other, and will become as venal and oppressive as the government from 
 which we separated." — Jefferson's Works, vol. 7, p. 216. Hamilton said 
 that the general government must swallow up the state governments. — 
 Greeley's Am. Conf. vol. 1, p. 82. 
 
 Well, how faithfully the Republicans have carried out this programme 
 of their prototypes, the Federalists, for since their advent into power they 
 have been more corrupt and venal than any government in the world, ancient 
 or modern. They have stolen into power under false colors. They have 
 centralized all power in the authorities at Washington ; trampled on the con- 
 stitution of the United States and the Constitutions of several states. They 
 
CONSTITUTIONAL HJSTOET OP TJOTTED STATES. 79 
 
 have incarcerated all who claim constitutional law, whenever they felt so 
 disposed. 
 
 John Adams, a federalist, succeeded Washington, as President of the 
 United States and his party were in favor of monarchy, as appears from the 
 following authorities : 
 
 "In 1793," said Cobot, a Federalist, "things will never go right, till 
 you have a President for life, and an hereditary senate." — Jefferson's Works, 
 vol. 9, p. 184. - 
 
 In 1797, Adams said: "Damn 'em, damn 'em, damn 'em I You see that 
 an elective government will not do. "Republicanism must be discarded." 
 Hamilton said, "for my part I avow myself a monarchist. I have no 
 objection to a trial being made of this thing of a Republic." — Jefferson's 
 Works, vol. 9, p. 187. 
 
 ."Oh I" said Hamilton, "say the Federal monarchy. Let us call things 
 by their right names, for a monarchy it is." — Jefferson's Works, vol. 9, p. 
 191. 
 
 "Hamilton declared openly, that there was no stability, no security in 
 any kind of government but a monarchy. — Jefferson's Works, vol. 9, p. 136. 
 
 We give Adams' opinion on the British constitution, thus : 
 
 "After the cloth was removed, and our questions agreed and this 
 dismissed, conversation began on other matters, and by some circumstance, 
 was led to the British constitution, on which Mr. Adams observed : Purge 
 that constitution of its corruption, and give to its popular branch equality 
 of representation, and it would be the most perfect constitution ever devised 
 by the wit of man. Hamilton paused and said: "Purge it of its 
 corruption, and give to its popular branches equality of representation, and 
 it would become an impracticable government ; as it stands at present, with 
 all its supposed defects, it is the most perfect government which ever 
 existed. And this was assuredly the exact line which separated the political 
 creeds of these two gentlemen. The one was for two hereditary branches 
 and an honest elective one; the other, for an hereditary King, with a 
 House of Lords and Commons corrupted to his will, and standing between 
 him and the people." — Jefferson's Works, vol. 9, p. 96. 
 
 Again, we find that John Adams and his party were enemies of the 
 Union, and anticipated its dissolution. On a petition being presented to 
 John Adams, while President of the United States, for a donation, for a 
 College, in Tennessee, he said; " He saw no possibility of continuing the 
 union of the states, that their dissolution must necessarily take place : that 
 he therefore saw no propriety in recommending to New England men to 
 promote a literary institution in the south ; that it was in fact giving 
 strength to those who were to be their enemies ; and, therefore, he would 
 have nothing to do with it." Jefferson's Works vol. 9, pp. 203, 304. Good- 
 hue, a Federalist, said in 1798: "I'll tell you what, I have made up my 
 mind on the subject; I would rather the old ship should go down 
 than not" (meaning the union of the States). — Jefferson's Works, vol. 9, 
 p. 189. 
 
 Hamilton treated the people with disdain, for he said himself: "And it 
 is long since I have learned to hold the popular opinion of no value." — 
 Hamilton's Works, vol. 5, p. 53. 
 
 John Adams' opinion of the British Constitution : 
 
 " I only contended that the English Constitution is, in theory, both for 
 the adjustment of the baliince and the prevention of its vibrations, the most 
 stupendous fabric of human invention ; and that Americans ought to be 
 applauded instead of censured, for imitating it as far as they have done. 
 Not the formation of languages, not the whole art of navigation and ship- 
 
80 CIVIL GOTEENMENT OF THE STATES. 
 
 building does more honor to the human understanding than this system of 
 government. — Adams' Works vol. 4, pp. 358-9. 
 
 "For, instead of the trite saying, no bishop, no king, it would be much 
 more exact and important truth to say, no people, no King, and no King, 
 no people." — Adams' Works, yol. 4, p. 371. 
 
 This shows that Adams and Hamilton and their party were only waiting 
 for an opportunity to abolish the Constitution and Union and to establish a 
 monarchy. If they did not succeed, Butler, Stevens, Sumner, Stanton, 
 Wade disregarded the Constitution of the United States and established 
 a military despotism ! ! 
 
 Again, Adams says of the British Constitution : 
 
 "We shall have reason to exult, if we make our comparison with England 
 and the English Constitution." — Adams' Works, vol. 4, p. 383. 
 
 Again, Adams says: "A Republican government is Uttl,e better than a 
 government of devils." — Adams' Works, vol. 3, p. 469. 
 
 ' ' This is the true reason, why all civilized free nations have found, by 
 experience, the necessity of separating from the body of the people, and 
 even from the legislature, the distribution of honors, and conferring it on 
 the executive authority of the government. When the emulation of all the 
 citizens looks up to one point, like the rays of a circle from all points of the 
 circumference, meeting and uniting in the centre, you may hope for uni- 
 formity, consistency and subordination ; but when they look up to different 
 individuals, or assemblies, or councils, you may expect all the deformity, 
 eccentricities, and confusion of the Polemic system. " — Adams' Works vol. 
 efp. 256. 
 
 Again, he makes a comparison between the nobles and the people: "But 
 on the other hand, the nobles have been essential parties in the preservation 
 of liberty. The people pretended to nothing but to be villains, vassals, and 
 retainers to the Kings or the nobles." — Adams' Works vol. 6, pp. 417-8. In 
 the time of John Adams the Federalists attempted to make democracy un- 
 popular in America, by holding them responsible for the acts of the Bed 
 Republicans of France. The democracy sympathized with Prance, and 
 held that the people were able to govern themselves, that all just and good 
 governments reflect the will of the people. 
 
 Jefferson's views on the power of the people are most forcibly expressed 
 in the following words : 
 
 "Governments are Republican only in proportion as they embody the 
 will of the people, and execute it."— Jefferson's Works, vol. 7, p. 9. 
 
 He also held that free government would last so long as the people re- 
 mained virtuous. That great monopolies and the ccmcentration of wealth 
 and power in a few were dangerous to the safety and stability of a republic. 
 
 Jefferson speaks of moneyed monopolies, thus: 
 
 "Raising up a moneyed aristocracy in our own country, which has 
 already set the government at defiance."— Jefferson's Works vol. 7, p. 64. 
 The democrats held that the government should be built in the affections of 
 the people. That each branch of the government should be confined within 
 the pale of the Constitution. Jefferson speaks of the evil of the Federal 
 government usurping the powers and rights of the states, thus : 
 
 ' ' Can any good be effected by taking from the states the moral rule of 
 their citizens, and subordinating it to the general authority, or to one of 
 their corporations, which may justify forcing the meaning of words, hunt- 
 ing after possible construction, and hanging inference on inference from 
 heaven to earth like Jacob's ladder ? Such an intention was impossible, and 
 -such a licentiousness of construction and inference, if exercised by both 
 governments, as may be done with equal right, would equally authorize both 
 
CONSTITUTIONAL HISTOBT OP UNITED STATES. 81 
 
 to claim all power, general and particular, and break up the foundations of 
 the Union." — Jefferson's Works, vol. 7, pp. 397-8. Jefferson held that 
 state-rights were- a necessary check on the general government. 
 
 "I believe the states can best govern our home concerns, and the general 
 government our foreign ones. I wish, therefore, to see maintained that 
 wholesome distribution of powers established by the constitution for the 
 limitation of both, and never to see all offices transferred to Washington, 
 where further withdrawn from the eyes of the people, they may more secretly 
 be bought and sold at market." — Jefferson's Works vol. 7, pp. 397-8. 
 
 Jefferson further held that equal encouragement should be given to agri- 
 culture, commerce, and manufacture. That doubtful and discretionary 
 power should not be exercised by Congress or the executive. That the 
 constitution should be strictly construed. That the Federal government 
 should not usurp the rights of the states. — I see, as you do, and with the 
 deepest affliction, the rapid strides with which the Federal branch of our 
 government is advancing towards the usurpation of all the rights reserved 
 to the states, and the consolidation in itself of all powers foreign and 
 domestic: and that too by construction, which if legitimate, leaves no limit 
 to their power." — Jefferson's Works vol. 7, p. 436. 
 
 Again Jefferson says : 
 
 "Yet although I have little hope that the torrent of consolidation can be 
 withstood,! should not be for giving up the ship without effort to save her." 
 — Jefferson's Works vol. 7, p. 430. The Federalists held that Congress pos- 
 sessed discretionary powers. They claimed a latitudinous construction for 
 the constitution. After the French revolution, in 1789, French refugees 
 came over to the United States and naturally joined the democratic party; 
 ■whose principles rested on the theory that '■'■man ■is a man" — That man 
 should be governed by reason and the laws of nature. That the people are 
 capable of self-government. That the toiling millions should not be taxed 
 to feed the pampered few. That the condition of tlie people should be im- 
 proved. That labor should be respected and rewarded. That all offices of 
 trust and honor and emolument should be open to the people. Equality for 
 all branches of industry : no fostering monopolies for any ! Jefferson speaks 
 of a government of reason thus: "It is our sacred duty to suppress passions 
 among ourselves, and not to blast the confidence we have inspired of the 
 proof that a government of reason is better than one of force." — Jefferson's 
 Works vol. 7, p. 183. 
 
 The Federal party and John Adams were very jealous of foreigners, 
 and passed a law extending the time of naturalization to fourteen years. 
 They passed laws to muzzle the press and to suppress the freedom of speech : 
 to prevent native American democrats from denouncing the tyranny and 
 extravagance of the Federal administration ; they passed the sedition law to 
 silence the native democrats and to banish foreigners, who may not support 
 the policy of the administration! The Federal party had the President, 
 John Adams, the supreme court, and both houses of Congress. After the 
 Irish rebellion of 1798, a number of Irish "patriots (rebels so called) came 
 over to the United States, who joined the democratic party and opposed the 
 Federalists, who were friends of England and monarchy! The Federalists 
 were the enemies of all foreigners, but particularly the Irish — indeed, they 
 showed the same hostility to foreigners, that their disciples, the Native 
 American party and Radicals display to-day I The darling policy of the 
 Federalists was to exclude the Irish and French from participation in the 
 government ; just as we find the same exclusive policy practised by the 
 Native Americans, Know-Nothings, Wide-a-wakes, and Union Leaguers of 
 our time — to exclude foreigners from office. The alien law was passed, in 
 
83 CIVIL GOVERNMENT OP THE STATES. 
 
 1798, which gave John Adams power to compel all foreigners to depart 
 out of the territory of the United States, all such aliens as he should judge 
 dangerous to the peace and safety of the United States. The sedition law 
 inflicted a fine not exceeding two thousand dollars, and imprisonment not 
 exceeding two years, for writing, publishing, and printing any false, scan- 
 dalous, or malicious writing, or writings against the government of the 
 United States, or either house of Congress of the United States, with or 
 without intent to defame the said government or either house of said 
 Congress, or the President, or to bring them, or either of them into con- 
 tempt or disrepute ; or to excite against them, or either or any of them the 
 hatred of the good people of the United States. The following will 
 show the violent opposition of the Federalists to foreigners, especially 
 towards Irishmen during the time the Federalists were in power, which is 
 practised by their disciples, the Radicals at the present day. King, the 
 Federal minister to England wrote home, thus: 
 
 ' ' In Ireland, though for some months there will be partial and unimpor- 
 tant risings, the force of the insurrection is broken, and the danger nearly 
 over. The chiefs have been without much character and without intellect." 
 — Hamilton's Works vol. 6, pp. 308-9. "In Ireland the rebellion is sus- 
 pended, and our government will, I hope, have the power and inclination to 
 exclude those disaffected characters, who will be suffered to seek an asylum 
 among us." — Hamilton's Works vol. 6, p. 315. 
 
 ' ' You will see that I have prevented the sending to you of about fifty 
 Irish State prisoners, who were at the head of the rebellion in Ireland, and 
 closely connected with the Directory at Paris. Probably our patriots will 
 think" my conduct presumptive. In the present posture of affairs, I could 
 have no hesitation ! " — Hamilton's Works. I ask, in all sincerity, is it to be 
 wondered that the Irish should vote the democratic ticket ? 
 
 The above quotations from the works of Hamilton, should satisfy any 
 reasonable man. The Irish are democrats in self-defence, as well as from 
 principle ! 
 
 We give further evidence of the intention of the Federalists to subvert 
 the constitution and to establish on its ruins their model government the 
 British Constitution. The following is from John Adams : 
 
 " That as to trusting to a popular assembly for the preservation of our 
 liberties, it was the merest chimera imaginable ; they never had any rule 
 of decision, but their own will." — Jefferson's Works vol. 9, p. 190. 
 
 Dexter, a Federalist, said : 
 
 "'I suppose you would prefer an election by districts.' 'Yes,' "said 
 Nicholas," I think it would be best, but would nevertheless agree to any 
 other consistent with the constitution.' "Dexter said he did not know what 
 might be the opinion of his state, but his own was, that no mode of elec- 
 tion would answer any good purpose; that he should prefer one for life." 
 Beware of a third term. — Jefferson's Works vol. 9, p. 196. 
 
 "The St. Andrew's Club of New York, (all Scotch tories) gave a public 
 dinner lately. Among other guests, Alexaijder Hamilton was one. After 
 dinner, the first toast was the President of the United States. It was drunk 
 without any particular opposition. The next was, ' George the Third . ' Hamil- 
 ton started upon his feet, and insisted on a bumper and three cheers. The 
 whole company accordingly rose and gave three cheers." — Jefferson's 
 Works vol. 9, p. 197. 
 
 In consequence of those hateful and odious principles of the Federalists, 
 as well as the enactment of the alien and sedition laws, and the tyranny 
 and oppression of the Federalists in both Houses of Congress, the democra- 
 tic members in both Houses of Congress resigned, and went home, except- 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 83 
 
 ing Thomas Jefferson, who remained in the senate, as Vice-President, 
 and Gallatin in the House, (the speaker) Madison and other demo- 
 crats, who left Congress, got elected to their State legislatures. As 
 a check on the usurpation of the Federalists, the Democrats passed 
 the celebrated Virginia and Kentucky resolutions of 1798. They 
 denounced the alien and sedition laws as unconstitutional, and as 
 a violation of the rights of the States and the citizens of the States. 
 Massachusetts, then at the head of the Federal party, through her legisla- 
 ture, pronounced, ' ' the alien and sedition laws, not only constitutional, but 
 expedient and necessary." That the constitution did not make the legisla- 
 ture the judges of the acts or measures of the general government. The 
 alien and sedition laws became so obnoxious to the people that the Federal 
 party became odious and was defeated. This paved the way for the election 
 of Thomas Jefferson, the father of democracy, as President of the United 
 States. Such was the popular indignation of the American people towards 
 the Federalists that Jefferson was succeeded by two patriotic democrats, 
 Madison and Monroe. The Federalists became rebels and traitors to the Con- 
 stitution, the Union, and liberty! They were the mere instruments of 
 the Bnglisli government. They would bear all manner of insults from the 
 British government so long as they made money by English commerce. 
 During Jefferson's administration Louisiana was purchased by treaty from 
 France. Jefferson was an honest man and an extreme stickler for the Consti- 
 tution. — Greeley's American Conflict, vol. 1, p. 84. 
 
 During the war of 1813, the Federal party aided England and threatened 
 to secede from the Union and to divide the states. The New England 
 clergy of the Federal school were violent supporters of England and the 
 most hostile enemies of the administration and the Union. The Blue-light 
 Federalists of New England not only opposed the war with England, but 
 resisted the President in calling out the militia to resist a foreign and in- 
 vading foe. The Federalists were the friends of England, and the Demo- 
 crats the friends of France. — Greeley's American Conflict, vol. 1, p. 55. 
 The Federalists of Connecticut passed the following resolution : 
 
 " Resolved, that the conduct of his excellency, the governor, in refusing 
 to order the militia of this state, on the requisition of the secretary of war 
 and Major-general Dearborn, must meet with the entire approbation of this 
 assembly." President Madison informed Congress, in his message in 1813, 
 that the governors of Massachusetts and Connecticut had refused to furnish 
 their quota of militia. They not only opposed the United States govern- 
 ment until the end of the war, but also refused the government the use of 
 the jails to confine prisoners of war. "The city Council of Hartford de- 
 termined to put what obstacles in the way of it (recruiting,) they legally might, 
 enacted a local ordinance forbidding the marching and parading of troops, 
 the beating of drums and displaying of flags, in fine, the opening of any 
 recruiting station, except within ceitain limits excluding the most populous 
 parts of the towns." Hildreth's History of the United States vol. 3, page 46. 
 On the 13th of Oct. 1814, the legislature of Massachusetts called for a con- 
 vention of the New England states, alleging for a reason for this treasonable 
 design against the government, at a moment when the country was at war with 
 the most formidable enemy in the world, that " the constitution of the Vnitei 
 States, under the ad/minigbration of those now in' power, had failed to secure to 
 Massachusetts and New England generally, those equal rights and }>eneflts, the 
 great dlyeet of its promotion, a/nd which could not le relinquished without ruin." 
 This shows that the supposed grievances of the New England Federalists 
 were that they did not get liold of the power and patronage of the 
 Federal government, the almighty dollar! The legislature of Connecticut 
 
( 
 
 84 CIVIL GOVERNMENT OF THE STATES. 
 
 denounced the President's war measures, as unconstitutional, intolerable, 
 barbarous, and oppressive. The infamous, odious, and treasonable Hart- 
 ford convention proposed the following amendments to the constitution: 
 
 1st. "To provide that slaves should not^ be counted as a basis of repre- 
 sentation; but that free negroes should be counted." 
 
 2d. "That no state should be admitted into the Union without the con- 
 currence of two-thirds of both houses of Congress." 
 
 3d. "That Congress should not have power to lay any embargo on 
 the ships of citizens, for more than sixty days." 
 
 4th. "That Congress should not have power to prohibit intercourse 
 between the United States and any foreign nation." 
 
 5th. "Requiring a two-third vote of Congress to declare war, except for 
 defence, in case of actual invasion." 
 
 6th. "That no foreigner thereafter naturalized should hold any civil 
 office under the United States." 
 
 7th. "That the same person should not be elected President a second 
 time — or two successive Presidents be taken from the same state." 
 
 The following resolution was also passed: "The power of compelling 
 the militia and other citizens of the United States, by forcible draft or 
 conscription, to serve in the regular armies as proposed in the late official 
 letter from the secretary of war, is not delegated to Congress by the con- 
 stitution, and the exercise of it could be not less dangerous to the liberties 
 than hostile to the sovereignty of the states." 
 
 A town meeting of the citizens of Boston assembled to oppose the en- 
 forcement of the embargo acts, and passed the f ollowihg resolution : 
 
 ^'■Besohed — Not voluntary to assist in carrying into execution the embargo 
 act ; and that all who should do so ought to be considered as enemies of 
 the State of Massachusetts, and hostile to the liberties of the people." 
 
 This nullification ordinance was vetoed by the democratic Governor of 
 Massachusetts. Thus: nullification, treason, meditated secession, final 
 separation and the dissolution of the Union were fostered in New England ! 
 New England Federalists proclaimed the doctrine of secession during the 
 war of 1812. Greeley says that Josiah Quincy was the first secessionist — that 
 he made a secession speech at Boston, 1811. — Greeley's Am. Conf. vol. 
 1. p. 86. 
 
 John Quincy Adams, twenty years afterward said in writing : 
 
 This object was, and had been for several years, a dissolution of the 
 Union. He knew (he said) from incontrovertible evidence, though not 
 provable in a court of law, that in the case of civil war the aid of Great 
 Britain to efiect the purpose would be as surely resorted to, as it would be 
 indispensably necessary to the design. . . That if force should be resorted 
 to by the government to quell that resistance (the resistance organizing in 
 Massachusetts) it would produce a civil war, and in that event he had no 
 doubt that the leader of the party would receive the co-operation of Great 
 Britain." 
 
 Massachusetts, in 1809, resolved, that "on such occasions, passive obe- 
 dience," (to the laws of Congress) "would on the part of the people, be a 
 breach of their allegiance, and, on our part, treachery and perjury." 
 
 The following is an address Of the Federalists on this occasion : 
 
 ' ' Choose, then, fellow citizens, between the condition of citizens of free 
 states, possessing its equal weight and influence in the national government 
 or that of a colony, free in name but, in fact, enslaved by sister states," 
 The legislature of Massachusetts further resolved, that the war originated 
 and was to be ascribed to the influence of worthless foreigners over the 
 press and the cabinet, and Congress." — "Such was the true reason of the 
 
CONSTITUTIONAIi HISTOBY OF UNITED STATES. 85 
 
 ■war. The freedom of commerce and the rights of seamen, was a pretence." 
 Massachusetts, not satisfied with resisting the lawful requisition of the 
 President for troops ; nullifying the laws of Congress; bidding defiance to 
 the government, by armed resistance ; the raising of state funds and troops 
 to intimidate the government; claiming it as a matter of conscience to 
 oppose the government of the United States, passed a law denying the use 
 of her prisons to the Federal government to confine British prisoners of war, 
 or deserters from the American army, and to compel, by law, jailers to dis- 
 charge all British officers, as prisoners of war, held by the United States 
 authority in custody ! And all of this diabolical treason was preached by 
 the ' higher law clergy ' and politicians of New England, who held that re- 
 sistance to the general government was loyalty to Ood. 
 
 " The victory of New Orleans, and the peace of Ghent, broke the power 
 of.the Federal party, and brought both the name and party into odium, 
 which compelled them to change their party name. They claimed that 
 the action of the convention was justifiable." Jefierson, in a letter to 
 General La Fayette, Feb. 14, 1815, speaks of the Hartford convention: 
 
 "Their fear of Republican France being now done away, they are 
 directing to Republican America, and they are playing the same game for 
 disorganization here which they played in your country. The Murats, the 
 Dantons, and the Robespierres of Massachusetts are in the same pay, under 
 the same orders and making the same efforts to anarchize us, that their 
 prototypes in France did there." 
 
 In a letter to General Dearborn, March, 17, 1815, Jefferson said: 
 
 " Oh, Massachusetts! how I have lamented the degradation of your apos- 
 tasy ! Massachusetts, with whom I went with pride, in 1776, whose vote 
 was my vote on every public question, and whose principles were then the 
 standard of whatever was free and fearless. But then she was under the 
 control of the two Adams, while Strong, her present leader, was promoting 
 petitions for submission to British usurpation." 
 
 The Federalists and Whigs during the administrations of Monroe and 
 John Quincy Adams, divided the country between the advocates of a strict 
 and literal interpretation of the constitution and the strict adherence to funda- 
 mental principles and state rights on the one hand ; and those who advo- 
 cated the creation of local monopolies by Congress; the investing of 
 Congress with supreme powers; the creation of a national bank; the 
 improvements of rivers and harbors by the Federal government, and a high 
 protective tariff. The democrats advocated the former, and the Federalists 
 and Whigs the latter. 
 
 CHAPTER X. 
 
 In the Congress of 1830-31, the country was alarmed on the slavery ques- 
 tion in Congress, which ended in what is called the Missouri compromise, 
 prohibiting slavery north of 36 deg. 30min. "During the Missouri struggle 
 both Jefferson and Madison gave their influence with the south." Yet 
 Greeley, at page 39-40 of his American Conflict, claims Jefferson as Anti- 
 slavery. How conflicting? But Greeley's logic was not of the best. — Gree- 
 ley's American Conflict vol. 1, p. 75. 
 
 During the sessions of 1830-34, commenced the debates on the tariff, 
 which led to South Carolina nullification — which threatened the Union, 
 in 1833. The first tariff act was passed in 1789, for the sole 
 
86 CIVIL GOVERNMENT OF THE STATES. 
 
 purpose of raising a revenue for the support of the government; so 
 as not to resort to a direct tax — it was not intended as a protec- 
 tion to manufactures, but simply as an incident to revenue. Clay 
 was the great champion of the tariff, in 1834. He was opposed by 
 Webster, who said in his great speech: " Society is full of excitement. 
 Competition comes in place of monopoly, and intelligence and industry 
 ask only for fair play and an open field." But, when New England became a 
 manufacturing country, Webster changed his mind, and became an advo- 
 cate for a high tarifl.^Greeley's Am. Confl,, vol. 1, pp. 90-91. John 
 Quincy Adams, in his inaugural, recommended internal improvements by 
 the Federal government and a high protective tariflf. This was the 
 dividing line between Adams and the Democrats, for the Democrats held 
 that the Constitution did not give the Federal government power to spend 
 money for internal improvements — the improvement of rivers and harbors. 
 That a tariff for any other object than as an incidentto its revenuevras unau- 
 thorized by the Constitution. In 1828, Adams recommended a high pro- 
 tective tariff which was opposed by the Democrats, as unconstitutional, 
 sectional, and unjust, and as being oppressive to the rights and interest of 
 the agricultural portion of the country. This protective tariff scheme 
 originated with the Federalists, in 1816. For after their defeat on the 
 odious Alien and sedition laws, as well as their defeat after the Hartford 
 Convention, they attempted to make a high protective tariff a ladder to climb 
 into power. — Hence protection to manufactures became the main plank in 
 the Whig platforms. But the Morrill tariff bill, in 1861, capped the 
 climax, and so offended European powers, who, in consequence, 
 threatened to recognize the Southern Confederacy. Jackson assailed 
 the United States bank — declared it unconstitutional, and opposed 
 its re-chartering. The friends and advocates of monopoly, with 
 Clay at their head, in Congress and in the state legislatures, assailed 
 the President both from the nostrum, the stump, and through the press. 
 The session of Congress of 1831-33, is famous in our political history for 
 the great party conflict for the rechartering of the United States banks. The 
 first charter was obtained by Hamilton, in 1791. The second charter was 
 granted in 1816. The charter of 1816 was opposed by President Madison, 
 who said: "That the genius of the British Monarchy favored the concen- 
 tration of wealth and power ; in America, the genius of the government re- 
 quired the diffusion of wealth and power." The act for the rechartering of 
 the bank passed both Houses of Congress, for the friends of the bank had a 
 majority in the Congress of 1833, but was vetoed by the President. On the 
 apj)earance of the veto Message, the President was demaiided by labored 
 speecheS,by Webster Clay and other friends of the bank, among whom 
 were many apostate democrats (the Stantons and Butlers of the time,) who 
 voted for the bank for a consideration. 
 
 Thus Jackson had to fight the Whigs and the combined money- 
 ed power of the country together with the hired press! The bank 
 and the moneyed power of the country brought on a financial crisis, which 
 crippled all branches of industry, for the sole purpose of having something 
 to charge the President with — for they claimed that the President's veto 
 caused the "hard times." Distress meetings were held all over the country 
 to defeat Jackson's re-election ! But though the ianh and other monopolies 
 expended large sums of money in tlie Presidential Campaign, Jackson was 
 triumphantly elected over Clay. A bill was passed, which provided for the 
 removal of the deposits from the United States bank, and for depositing 
 them in local banks. The friends of the hank concentrated their power by 
 contracting credit — deranging the currency, to ruin merchants and farmers; 
 
CONSTITUTIONAL HISTOKY OF UNITED STATES. 87 
 
 to create a money panic, and to compel the President to replace the de- 
 posits in the United States bank. Meetings were called all over the 
 country and Jackson' was denounced in the most violent terms, as the 
 author of the "distress of the country." This brought about the general 
 money panic of 1834. 
 
 A bill was passed for the equalization of gold and silver, and for making 
 gold and silver of foreign coin a legal tender. This caused gold and silver, 
 which paper had banished to foreign countries, to flow back in the usual 
 course of commerce and customs. This caused manufacture, agriculture, 
 and commerce to prosper, and with this general prosperity came the down- 
 fall of the bank. Thus, did the sagacity, patriotism, and firmness of Jack- 
 son and the democratic party save the Union from the power, oppression 
 and dominion of a "moneyed king." In 1832, the Whigs, with Clay 
 at their head, introduced their favorite system of a ^' high protective tariff." 
 Jackson, in his message, recommended the abolition of duties on articles 
 of comfort and necessity. Clay threatened a dissolution of the Union, if 
 his favorite bill for a '■'■high tariff" was not passed. Calhoun and his 
 friends threatened a dissolution of the Union on the passage of a '■'■high 
 protective tariff." 
 
 South Carolina, grieved by the passage of this high traifE bill, on the 34th 
 of Nov. 1833, issued her nullification ordinance declaring the tariff of 1838 
 and 1833, unconstitutional, null and void, and declaring it unlawful to 
 "enforce the payment of duties imposed by the said act within the limits of 
 this state." That if the general government attempted to collect said duties 
 they would proceed to organize a separate government and "do all other 
 acts and things which sovereign and independent states may of right do." 
 Calhoun resigned the Vice-Presidency and was chosen United States Senator. 
 Jackson issued his famous proclamation against nullification ; and sent a mess- 
 age to Congress recommending a reductioi;! of the tariff as a compromise. 
 This shows that Jackson, as well as the Democratic party, always 
 considered a tariff as a mere incident to revenue and not for the 
 fostering of monopolies. Clay offered a compromise on the tariff, and in 
 a speech, Feb. 13, 1833, he said: "I behold a torch about being applied 
 to a favorite edifice, and I should save it if possible, before it was wrapt in 
 flames, or at least preserve the precious furniture which it contains." 
 Calhoun accepted Clay's tariff compromise and gave it his support; 
 thus, compromise saved the Union then. Oh, that we had Jackson as 
 President in 1861, he could have averted a civil war ! On the heads of the 
 Radicals, rests their part of that awful responsibility. ' ' The democrats 
 have, on all occasions, tried to quiet the prejudices and fears of the people 
 by compromise. They have adhered to the constitution and constitutional 
 laws, justice and equal political rights. They have always endeavored to 
 prevent a conflict between the Jurisdiction of the states and the Federal 
 Government, by moderation and conciliatory measures. Their mottoes 
 have been liberty, equality and fraternity. They have respected the rights 
 of the citizens of the Union without respect to Geographical lines — No 
 North, no South, no East, no West. Our government rests on three mas- 
 sive columns, liberty, equality and fraternity. Destroy any one of them; 
 and then we may cry, alas for civil glory ! " 
 
 Mr. Van Buren in his inaugural, March 4th, 1837, indicated that the 
 policy of his administration would be a strict adherence to the principles of 
 Thomas Jeflerson^a compliance with the expressed provisions of the con- 
 stitution. That the administration should give the constitution a strict 
 construction — a strict economy in the administration of the government. 
 The democrats held that it was dangerous for Congress to interfere with 
 
88 CIVIL GOVEENMENT OF THE STATES. 
 
 Slavery, but to leave that question with the states that were interested. 
 That Congress had no power to abolish slavery in the district of Columbia, 
 or in the territories ; or to interfere with it in the states. The abolitionists 
 held that the government has been built on anti-slavery principles. The 
 national bank failed to pay and tried to have the President sanction its re- 
 charter. Vermont, , in 1837-8, sent a memorial to Congress against the 
 annexation of Texas, for the Whigs of the North were now becoming 
 abolitionized. They had assumed a sectional aspect. They did not 
 want Texas as they knew she would become a democratic state 
 and would increase the power of the South in the Councils of the nation. 
 For they preferred their party to the glory and prosperity of the nation. 
 This movement of the abolitionists of Vermont was followed by petitions 
 from the North praying for the abolition of slavery, in the territories and in 
 the District of Columbia; and against the annexation of Texas, as they 
 knew she would be a Slave State. The whigs and abolitionists were opposed 
 to the acquisition of Florida, Louisiana and Texas. Greeley's Am. Conf. 
 vol. 1, pp. 149 to 178 inclusive. This agitation of the abolitionists grew 
 from year to year until it ended in blood, in 1861. For notwithstanding 
 what the Radical writers may say, the slavery agitation in Congress created 
 a sectional party which kept on increasing in power until the election of 
 Lincoln on a sectional platform which led to secession and rebellion!! This 
 will be the verdict of posterity. Had the American people wisely followed 
 the admonition of Washington in his farewell address, and avoided a sec- 
 tional party, there would be no rebellion. The democratic party frequently 
 appealed to the abolitionists to keep the slavery agitation out of the halls 
 of Congress. On this occasion Clay offered ■ the ■ following resolution : 
 "That the interference by Citizens of any of the States, with the view 
 to the abolition of slavery in the District of Columbia is endangering the 
 rights and security of the people of the district ; and any act or measure 
 of the Congress designed to abolish slavery in the district, would be a 
 violation of the faith implied in the cessions by the states of Virginia and 
 Maryland — a just cause of alarm to the people of the slaveholding states — ■ 
 and have a direct and inevitable tendency to disturb and endanger the 
 Union." — Benton. 
 
 This resolution passed, yeas 340, nays 8. Second resolution : 
 ' ' Resolved — That every attempt of the Congress to abolish slavery in the 
 territories, in which it exists would create serious alarm and just apprehen- 
 sion in the states that sustain that domestic institution, and would be a vio- 
 lation of good faith towards the inhabitants of every such territory, who 
 have been permitted to settle with, and hold, slaves therein ; and because, 
 when any such territory shall be admitted into the Union as a state, the 
 people thereof shall be entitled to decide that question exclusively for them- 
 selves." The vote stood yeas 36, nays 8. — Benton. 
 
 This was the doctrine of Statesmen, during Van Buren's administra- 
 tion — to let the people of the territories decide for themselves on the ques- 
 tion of slavery. This agitation was carried to the House, which claimed che 
 southern members. Tlie slavery agitation in Congress now became per- 
 manent, and entered into the debates of Congress, gradually widening the 
 gulf between the North and South, until it finally culminated in blood — 
 until it brought on the most terrific rebellion known in the annals of the 
 world ! We give a brief sketch of emancipation in the North. All of the 
 Colonies held slaves, except Massachusetts, before the revolution. The 
 Puritans held Indian and Negro slaves. But slavery was not profitable 
 in New England — slaves were kept as a mark of family distinction and 
 aristocracy— Greeley's Am. Conf. vol. i, pp. SO, 35, 36. Massachusetts 
 
CONSTITUTrONAL HISTORY OF UNITED STATES. 89 
 
 claimed that the constitution of 1780 abolished slavery. Pennsylvania 
 passed gradual emancipation in 1780 ; Vermont abolished slavery in 1777 ; 
 New Hampshire 1783; Rhode Island 1784; Connecticut 1784; Kew York 
 1799, and New Jersey 1804. 
 
 A bill was introduced in Congress to graduate the price of the public 
 lands and passed the senate, but was lost in the House. The Whigs moved 
 to amend the bill confining its provisions to citizens of the United States, 
 only which amendment was opposed by the democracy! Let foreign- 
 ers never forget that were it not for the democrats this bill would have 
 passed which would have excluded thousands of foreigners from the public 
 lands who would be compelled to purchase lands from speculators. 
 
 After a violent struggle between the administration of Van Buren and 
 the Whigs the government revenue was divorced from the bank; and the gov- 
 ernment funds placed in the custody of the government officers ! This mea- 
 sure is known as the Subtreasury Act. In 1839, the banks failed and creat- 
 ed another money panic, as a means of defeating the democracy and electing 
 a whig President who would favor a rechartering of the IJijited States 
 Bank. In the campaign of 1840, the Whigs dropped Clay and nominated 
 General Harrison, who was elected with the promises of ^^ roast beef and two 
 dollars a day," the corruption of the money power, " Coon-shins" ^'■hard-cider" 
 and log cabins." In 1889, the abolitionists held a convention at Warsaw, 
 New York, November 13. TJie convention nominated James G. Birney, of 
 New York, for President, and Francis J. Lemoyne, of Pennsylvania for Vice- 
 President. They received a total vote 'of 7,609. Thus, the abolitionists 
 could poll but this paltry vote, 1840. Yet, in 1860, after twenty years, they 
 were able to elect Abraham Lincoln on an anti-slavery platform! In 
 1853, on the political suicide of the whig party, the abolitionists fused with 
 the Whigs, Native Americans and apostate democrats and raised the stan- 
 dard of anti-slavery. In the halls of Congress, in the state legislatures, 
 through the press and from the pulpit and the Stump, private and public 
 gatherings, nothing was heard from this fusion party but denunciation of 
 slavery, until it finally succeeded in electing Lincoln as its standard-bearer, 
 who in a speech, in 1858, said that the country could not exist half free 
 and half slave. That the country could not rest secure until slavery should 
 be ultimately abolished in the states. Greeley says the first abolition so- 
 ciety was formed in Penn. 1774 ; New York Manumission society, 1785 : 
 that of Rhode Island 1786 ; Maryland 1789 ; Virginia 1791 ; and New Jersey 
 1793. — Greeley's American Conflict vol. 1, p. 107. The American Coloniza- 
 tion society was established 1816. The society and colonization were 
 opposed and condemned by the abolitionists— Greeley, Garrison, and Wen- 
 dell Phillips. — Greeley vol. 1, p. 78. The first abolition convention was 
 held in Philadelphia, 1824. — Greeley, p. 113." William Lloyd Garrison and 
 other abolitionists had for their motto, "Our country is the world — our 
 countrymen all mankind" — "No union with slaveholders" — The Consti- 
 tution is a covenant with death and an agreement with hell," — Greeley's 
 American Conflict vol. 1, p. 116. The Garrisonians were stanch supporters 
 of women's rights. In 1776, the Quakers were opposed to slavery. — Ibid 118. 
 The apostates of the old abolition school were "infidels." — Greeley vol. 1, 
 p. 121. But the modern Abolitionists were professed churchmen. — Ibid. The 
 mails, in 1835, were loaded with abolition documents. Such was the feel- 
 ing against abolitionists, in 1885, Garrison was led through the streets of 
 Boston with a rope around his body.— iM. 127. England liberated her 
 West Indian slaves to embarrass the south and finally to bring about a dis- 
 solution of the Union, lavished her gold on English and American aboli- 
 tionists to attain her ends. For this purpose she sent over, in 1833, one 
 
90 CIVIL GOVERNMENT OP THE STATES. 
 
 George Thompson an eminent English Abolitionist to promote abolitionism 
 in this country and finally a dissolution of the Union. After Harrison's 
 election, he called an extra session of Congress ; but died before it met. 
 The duties of the office of President devolved on John Tyler, the Vice- 
 President. 
 ' On the meetings of Congress, Clay submitted the following resolution : 
 
 Sesohed — As the opinion of the Senate, that at the present session of 
 Congress no business ought to be transacted, but such as being of an im- 
 portant or urgent nature, may be supposed to have influenced the 
 extraordinary convention of Congress, and such as that the postponement 
 of it might be materially detrimental to the public interest." 
 
 The Whigs passed a bill, entitled A bill for incorporating a United 
 States bank, which was vetoed by the President, John Tyler, who was once 
 a democrat but went over to the Whigs. The President was now denounced 
 by Clay, in the senate, who charged him with bad faith towards the Whigs. 
 A second bill passed and was vetoed by the president. Such was the 
 violence and mortification of the Whigs and the friends of the bank 
 that they hissed the veto message in the galleries of the senate. 
 This was only eclipsed by the Radicals hissing in the galleries of 
 the senate on the impeachment tiial of President Johnson because he 
 was acquitted ! 1 
 
 Such was the chagrin and disappointment of the Whigs, that immedi- 
 ately after the second veto, the cabinet who were Whigs, resigned, with the 
 exception of Webster, the Secretary of State; who exclaimed "where shall 
 I go V The President was denounced by the Whigs. A final separation 
 took place between the President and the Whigs about the close of this 
 session of Congress. The United States bank after a vigorous struggle 
 with the democratic party expired and became an '■'■ obsolete idea; " until 
 the Federalists, under the guise of a Republican party name got into 
 power in 1860, and as soon as they found the country disturbed by a 
 stupendous rebellion, they established, not only a United States bank, but 
 banks, until now, their name is legion ! An attempt to annex Texas during 
 Tyler's administration failed. The annexation of Texas was made an 
 important issue in the election of James K. Polk. John Quincy Adams and 
 others saiti, in 1843, that an annexation of Texas would justify a dissolu- 
 tion of the Union. — Greeley, vol. 1, p. 160. Clay was opposed to the annexa- 
 tion of Texas without the consent of Mexico. — JMd.l^i. Greeley and the 
 abolitionists opposed the annexation of Texas — Ibid, 168-9. The abolition- 
 ists renewed the agitation of slavery in Congress. On 13 August 1846, Mr. 
 Wilmot, of Pennsylvania, ofiered his famous proviso, as a condition of the 
 annexation of Texas. 
 
 " That no part of the territory tobe acquired should be open, to the institution 
 of slavery. This proviso formed the nucleus for the Free soil party, in 1848, 
 and for the fusion party in 1853-4. This sectional party had but one idea 
 — Hostility to slavery, the abolition of slavery, no more slave states. The 
 democrats held that congress had "no power to legislate upon slavery in the 
 territories." 
 
 This doctrine of " inon-ntervention,'' got the name of squatter sovereignty 
 from John C. Calhoun, in 1848, for the extremists north and south were 
 opposed to non-intervention. The abolitionists claimed that Congress had 
 the right of excluding slavery in the territories, while the Calhoun party 
 claimed that Congress had power to protect slavery in the territories, the 
 same as other property, while the friends of non-intervention held that the 
 people of the territories were the best judges whether they wanted slavery 
 or not, so that Congress should have the whole subject of slavery with the 
 
CONSTITUTIONAL HISTOET OF UNITED STATES. 91 
 
 people of the territories who could vote slavery up or down. Texas was 
 annexed to the Union during Polk's administration, which led to the 
 Mexican war. 
 
 CHAPTER XI. 
 
 The Democratic party met in convention, at Baltimore, in 1848. Two 
 jsets of delegates presented themselves from the State of New York, one set 
 in favor of the nomination of General Cass ; the other of Martin Van Buren. 
 The convention rejected both, leaving the great State of New York unrepre- 
 sented which had voted for a democratic President, since the organization 
 of the party by Thomas Jefierson. • General Cass ,was the regular nominee 
 of the democratic party; The disappointed Van Buren party met at TJtica, 
 and afterwards at BufiEalo and nominated Martin Van Buren for President. 
 The Buifalo platform consisted of one idea — hostility to slavery — the negro 
 hobby for politicians to ride into power. It held that it was the duty of 
 the Federal government to abolish slavery, whenever it could be done, under 
 the constitution, that in the states wherein slavery existed, the people thereof 
 had the exclusive right to interfere with it. That Congress alone had the 
 right and power to abolish slavery in the territories. This '■'■free soil or Barn- 
 himers " opposed General Cass and though Van Buren did not carry a single 
 state, yet, by this division they defeated Cass and elected General Taylor, 
 the "Whig candidate. The popular vote of 1848 : Taylor and Fillmore 1,360,753 ; 
 Cass and Butler 1, 319, 963 ; Van Buren and Adams 391, 343. Thus we see that 
 the Van Buren split defeated the democratic party in 1848, (2J.193.) The 
 party catchwords of the/ree soil party were "free speech,^' "free labor," ^'free 
 soil" and "free men;" which were afterwards taken up by the so-called 
 Republican party. Seward, in 1848, held that slavery (speech at Cleveland, 
 Ohio, Oct. 36, 1848) was the great living issue which divided the national 
 parties, (lb. 199-300). Henceforth the Whig party became abolitionists. 
 The slavery question threatened a dissolution of the Union in 1850. The 
 cry of disunion resounded from one end of the country to the other. 
 The conservative "Whigs and democrats of the North, forgetting their mutual 
 political differences, saved the Union by compromise and conciliation ! 
 The compromise measures were denounced by the abolitionists of the North 
 and by the extreme agitators of the South. The abolitionists were dis- 
 satisfied on account of the fugitive slave law, and the extremists of the 
 South because the Missouri compromise line was not extended to the 
 Pacific ocean. Jefferson Davis said that he would take nothing less than 
 the Missouri line to the Pacific. — Ibid. 304-5. Clay in a speech said: 
 
 If the citizens of the territories choose to establish slavery, and if they 
 come here with a constitution establishing slavery, I am for admitting them 
 with such proviso in their constitution ; but then it will be their own work, 
 and not ours, and posterity will have to reproach them and not us, for 
 forming constitutions allowing the institution of slavery to exist among 
 them; and I care not how extensively or universally they are known." 
 Clay said, "That the great principle, which lies at the foundation of all 
 free governments is, that the majority must govern ; from which there is 
 or can be no appeal but tlie sword. — Clay's Speeches vol. 3, p. 47. Had 
 the policy of Clay been adhered to, the Union could never be disturbed. 
 Had the slavery agitation been excluded from the halls of Congress we 
 would not have had the recent war — we would not have sacrificed thou- 
 sands of lives — leaving thousands of destitute widows and orphans — we 
 
93 CIVIL GOVERNMENT OF THE STATES. 
 
 would not have created a mountain of debt — we would not have to groan 
 under eternal taxation ! The compromise measures met with the universal 
 approbation of the union - loving people north and south, and restored 
 peace and harmony all over the country. The people thought that the 
 slavery question was finally banished from the halls of Congress forever. 
 But this confidence of the people was soon disturbed. For the abolitionists 
 at the North, who opposed the compromise measures in and out of Con- 
 gress, while under debate, now, through their partisan press, assailed the 
 Fugitive Slave law. Societies were organized, at the north, to nullify the 
 Fugitive slave law, state legislatures passed personal liberty Mils to prevent the 
 execution of the fugitive slave law. Mobs at the north broke prisons and 
 rescued fugitive slaves from the Federal authorities. But the great masses 
 of the people north and south were satisfied with these compromise measures 
 except the extremists. Senators Mason, Hunter, Butler, Barnwell, Pierre 
 Saule, Jefferson Davis, Atchison, Morton, and Youlee oflfered a protest to the 
 admission of California and to the passage of the compromise measures, which 
 they signed and requested to have it spread on the journal ; whichwas refused. 
 ThuSjthe compromise measures were opposed by the abolitionists of the north 
 and by the Calhoun school of southern politicians. The southern members 
 opposed to the compromise measures, met at Nashville, in convention, and 
 passed resolutions against the compromise measures ; only the two states of 
 South Carolina and Mississippi were represented. The compromise mea- 
 sures were approved by both whigs and democrats, in the Presiden- 
 tial Campaign of 1853, and the country became pacified on the 
 slavery question, as was then supposed, forever! The Federal party, 
 resurrected, under the name of abolitionists, was now only waiting 
 for any opportunity to spring the slavery question in the halls of 
 Congress, as a ladder to climb into power. For as the Federalists 
 or "Whigs were defeated on the bank question and high tariff, their only 
 hope of getting into power was on the slavery question. Indeed some of 
 the leaders of the so-called Republican party, .John P. Hale, S. P. Chase, 
 and William H. Seward voted, in 1850, for a dissolution of the Union ! The 
 Federalists, now the abolitionists, assumed a violent opposition to the 
 fugitive slave law — mobs in Massachusetts, New Jersey, Ohio, and 
 "Wisconsin broke jails and rescued fugitive slaves from the custody of the 
 Federal authorities — and denounced the democrats, as '■'■Slave Catchers.'''' 
 States nullified the act of Congress and the Constitution of the United 
 States by opposing the fugitive slave law by force. Clay said, "that the 
 white man must govern the black man, or the black must govern the white." 
 Clay's Speeches vol. 3, p. 367. 
 
 At the session of Congress of 1854, the Federal party again sprung the 
 slavery question in Congress. It is true that they did not call themselves 
 Federalists as that name had become odious. They found it necessary to 
 come under an assumed name ; but still they were the advocates of Federal 
 principles. " "Whence cometh Smyth, albe he Knight or Squire, But from 
 the smith that smiteth at the fire." 
 
 "We find the Radicals possessing the ear maAs of Federalism ! "We quote 
 the following from Jefferson, which is as applicable to Republicans as it 
 was to the Federalists. 
 
 "The Hartford Convention, the victory of Orleans, the peace of Ghent, 
 prostrated the name of Federalism. Its votaries abandoned it through 
 shame and mortification; and called themselves Republicans. But the 
 name alone is changed, the principles are the same. On the eclipse of 
 Federalism with us, although not its extension, its leaders got up the 
 Missouri question, under the false front of lessening the measure of slavery, 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 93 
 
 but with the real view of producing geographical divisioiis of parties which 
 might insure them the next President." — Jeilerson'a Works vol. 7, pp. 336-6. 
 
 This is a fair picture of the so-called Republicans. Their aim was to secure 
 the next President, in 1860 and when once in power, then to establish 
 Federal principles at the cannon's mouth and the point of the bayonet. On 
 the 23d May, 1854, the Missouri compromise was repealed and the Kansas 
 and Nebraska bill passed. This was what the Federalists, or abolitionists 
 desired, as it gave them an opportunity to form a sectional party opposed 
 to the institution af slavery evei-ywhere. This broke up old party lines. 
 The Northern Whigs, with a few exceptions, abandoned the Southern Whigs 
 and joined the abolitionists (Federalists,) to form a new party, called at 
 first the "Anti-Nebraska party." They used this name to get apostate 
 democratic politicians to join them. Many democrats who were opposed 
 to the repeal of the Missouri compromise left the democratic party 
 and joined the anti-Nebraska party. The democrats joined this new 
 sectional party in hopes of riding into office on the slavery 
 question, and on the troubled waters of excitement and popular 
 change. Strange to say those apostate democrats still claimed to be 
 democrats ; asserting that the old Democrats had abandoned their old 
 landmarks and had sold themselves to the Southern oligarchy. So intense 
 was the indignation of the abolitionists, that they burned Senator 
 Douglas in effigy. He was denounced by an abolition mob on his way 
 from Washington to Chicago. At Chicago he was threatened with violence 
 by the mob, at a public meeting ; where he attempted to explain his posi- 
 tion and the nature of the Kansas and Nebraska bill. Party excitement 
 grew intense; the Republican party held that Congress had power to abol- 
 ish slavery in the territories by virtue of the ordinance of 1787, and article 
 4, section 3, part 2 of the constitution of the United States. This perver- 
 sion of the constitution led to the election of Lincoln and brought on the 
 rebellion in 1861. For the people would never interfere with slavery in 
 the territories were they not persuaded that the constitution gave them 
 that right; for before the election of Lincoln the people held the constitu- 
 tion in great reverence and no party dared to advocate an unconstitutional act 
 or measure. Clay said, that "the free states have no more right to interfere 
 With institutions in the slave states, confined to the exclusive jurisdiction 
 of those states, than they would have to interfere with institutions existing 
 in any foreign qountry." — Clay's Speeches vol. 3, p. 336. 
 
 Such was the indignation raised by this new-fangled fusion party 
 against the Nebraska bill, that it was the favorite theme of New 
 England preachers from their pulpits. Assaults on the slave power 
 were poured forth from the stump, the pulpit and through the press. 
 Many New England ministers of the gospel ceased to preach " Christ and he 
 erudfled " — but devoted their Sunday services and sermons to the denuncia- 
 tion of democrats, the sl^ve power and the Nebraska bill. They excluded 
 the gospel from their churches and turned political stump speakers. — 
 By such means the democrats were defeated this year, only thirteen demo- 
 crats were elected to the House from the North, and even four of them were 
 from Missouri. The opponents of the Kansas and Nebraska bill appealed to 
 the passions of the people of the North, through the press, the pulpit, and 
 public meetings to contribute money, clothing and Sharp's rifles, and to aid 
 in sending emigrants to Kansas to prevent Kansas from becoming a Slave 
 State; and to commence a war between the North and South, — which in 
 due time would give them an opportunity to abolish slavery everyw^iere. 
 For this purpose emigrant aid societies were immediately organized in New 
 England, New York and other Northern States, which furnished money, 
 
94 CIVIL GOVERNMENT OF THE STATES. 
 
 clothing, and Sharp^s rifles to emigrants, who were sent to Kansas to defeat 
 the Kansas and Nebraska act. Plymouth church, Brooklyn (H. W. Beecher's) 
 raised a subscription to supply families going to Kansas with a hUle and a 
 rifle. — Men of the Times byHarriet Beecher Stowe, p. 555. Those emigrants 
 marched through Chicago, on their way to Kansas, with streaming banners, 
 with emblazoned mottoes, denouncing Douglas, the Kansas bill and the 
 democratic party. They marched through Missouri with their banners, 
 causing great excitement ; which provoked a counter opposition on the part 
 of Missourians. This armed emigration caused civil war in Kansas, which 
 was what the Eepublicans wanted. The cry of '■'■'bleeding Kansas " resound- 
 ed from the soil of Kansas, to the halls of Congress and the State legislatures, 
 as well as from the pulpits, the stump, and through the press. The name 
 of "border ruffians" was given to all democrats North, South, East and 
 West. The Republicans charged the Democrats with trying to force Kansas 
 into the Union as a slave State. This falsehood reiterated daily through 
 the press, from the pulpits, and by public meetings, alienated thousands 
 from the old democratic party who were led bound hand and foot into the 
 " Republican " camp. Thousands thought that the old time-honored demo- 
 cratic party was annihilated forever. That it had shared the fate of the 
 Whig party ! ! Another enemy to democracy made its appearance. This 
 was the Know-Nothing party, which was only a revival of the Native 
 American party. It was a revival of the Federal party of the alien and 
 sedition laws notoriety. Their platform was hostility to Catholic foreign- 
 ers. This party carried the election in New England, Maryland, and 
 California, in 1854. In 1855, Massachusetts, Connecticut, New Hampshire, 
 elected Kuow-Nothing governors and a large part of the state legislatures. 
 California elected a Know-Nothing governor and a majority of the legislature. 
 Thus, the democratic party had to fight both the Republicans and the 
 Know-Nothings. In 1856, the Know-Nothings ran ex-President Fillmore for 
 President on the Kuow-Nothing platform. The Republicans ran John C. 
 Fremont, as a sectional candidate for the Presidency. The platform of 
 the Republican party was the abolition of slavery in the District of 
 Columbia ; the repeal of the fugitive da/oe law; opposition to the acquisition of 
 any more slave territ/yry; opposition to the admission of any more slave states 
 into the Union. In 1856, the Republicans hoisted on their banner only 
 sixteen states, to show that they wanted to sever the Union. Both the 
 Republicans and Know-Nothings took their candidates from the Free 
 states to show their anti-slavery feelings. They said that they would not 
 hold faith with slaveholders. That they would either abolish slavery in 
 the south or else let the south go. That the constitution was anti-slavery. 
 That they wanted an "anti-slavery bible," an anti-slavery God and an 
 anti-slavery government. In their speeches and debates they showed their 
 hostility to slavery even in the states, where it then existed. Their cry was, 
 down with the slave power. Both Know-Nothings and Republicans were 
 defeated and James Buchanan was elected democratic President. After 
 this defeat the Know-Nothings fused with the Republicans, on condition 
 of getting a share of the public plunder! The democrats lost every 
 northern state, except Illinois, Indiana, California, and Pennsylvania, 
 and got every slave state, except Maryland, which went Know- 
 Nothing. 
 
 The Republican party was now composed of Anti-Nebraska Democrats, 
 Abolitionists, /ree sailers, Whigs, and Know-Nothings. This party swept 
 the country like wild fire. The Know-Nothing party fell into bad odor, 
 so much so, that in 1859, no one would- own that he had ever been a mem- 
 ber of the Know-Nothing party. Presidential vote of 1856: Buchanan, 
 
CONSTITUTIONAI, HISTOKY OF COTTED STATES. 05 
 
 Democrat, 1,838,169 ; Fremont, Rep. 1,341,264 ; Fillmore, Know- 
 Nothing, 874, 534. Greeley Am. Conf . vol. 1, 384. A combinatioa between 
 Fremont and Fillmore would have defeated Buchanan. In 1857, the 
 Dred Scott case came before the Supreme Court, when it was decided that a 
 Negro was not a citizen of the United States. That Congress had no power 
 to legislate on slavery in the territories. This opinion was denounced by 
 the Republicans ; the opinion was given to the public, through the Republi- 
 can papers in a garbled manner. The Republicans denounced Chief Justice 
 Taney as a traitor ! The Dred Scott decision formed materials for Republican 
 speeches and newspaper articles in the election campaigns. Unfortunately 
 for the country a rupture took place between Douglas and President 
 Buchanan on what is known as the Le Compton Constitution, which was 
 sprung in Congress, at the session of 1857-8. This division divided the 
 democracy at a time when the Republicans and Know-Nothings were united. 
 This breach came to a crisis, in 1860. The Republicans held various and 
 conflicting opinions to suit the public mind and to make votes. For they 
 had no principles but to get into power, by some means fair or foul. They 
 had one grand and controlling idea, the "Irrepressible conflict," which was 
 formally announced by Seward, in his famous Rochester Speech, Oct. 35, 
 1858. In 1858, Lincoln said: 
 
 " In my opinion it will not cease until a crisis shall have been reached 
 and passed." A house divided against itself cannot stand ! I believe the 
 government cannot endure permanently half slave and half free. I do not 
 expect the Union to be divided — I do not expect the house to fall — but, I 
 do expect it will cease to be divided. It will become all one thing or all 
 the other. Either the opponents of slavery will arrest the further spread of 
 it, and place it where the public mind shall rest in the belief that it is in 
 the course of ultimate extension." Lincoln's Speech, Springfield June 17, 
 1858. Seward's Speech at Rochester Oct. 35, 1858, on the irrepressible 
 conflict. 
 
 This doctrine of Seward and Lincoln became the comer-stone of the Re- 
 publican ediflce! This doctrine alarmed the southern people when they 
 saw a party coming into power with the avowed intention of finally 
 abolishing slavery everywhere. The doctrine of the irrepressible conflict 
 " was advocated by the Republicans from the pulpit, through the press, 
 from the Halls of Congress, and the state legislatures. The ultimate abolish- 
 ment of slavery was their favorite topic all over the North. 
 
 CHAPTER Xn. 
 
 December 14, 1859, a resolution was adopted in the senate, inquiring 
 into the cause which led to the invasion of the state of Virginia, and the 
 seizure of the United States arsenal and armory by a band of armed men, 
 under the lead of John Brown, as follows: "Whether the same was 
 attended by armed resistance to the authorities and public force of the 
 United States, and by the murder of any of the citizens of Virginia, or of 
 any troops sent there to protect the public property: "Whether such in- 
 vasion and seizure was made under color of any organization intended to 
 subvert the government of any of the states of the Union ; what was the 
 character and extent of such organization ; and whether any citizens of the 
 United States not present were implicated therein, or accessary thereto, by 
 
»b Cmii GOVERNMENT OF THE STATES. 
 
 contributions of money, arms, munitions, or otherwise. "What was the 
 character and extent of the military equipment in the hands or under the 
 control of said armed band ; and where and how and when the same was 
 obtained and transported to the place so invaded. "That said committee 
 report whether any and what legislation may, in their opinion, be necessary 
 on the part of the United States for the future preservation of the peace of 
 the country, or for the safety of the public property ; and that the said com- 
 mittee have power to send for persons and papers." 
 
 It appears from the evidence taken before the committee of the senate, 
 that John Brown, in the winter of 1857-8, had organized a party in Kansas 
 for the purpose of making war on Slavery. He organized a military school 
 at Springdale, in Iowa. In 1858, he went to Canada and called a conven- 
 tion at Chatham, and formed a provisional government as a preliminary step 
 to the invasion of the Slave States. — Greeley's American Conf. vol. 1, p. 287. 
 
 John Brown had received money, clothing, and arms from "Massachu- 
 setts State Kansas Committee," and from the "National Kansas Aid Com- 
 mittee, and from several persons of wealth and influence in New England. 
 Pikes were manufactured for him in Connecticut and other places, and put 
 into his hands to be used for anti-slavery purposes. He was present at 
 several of the anti-slavery meetings, where he received pecuniai-y aid. It was 
 well known that Brown would use force against the Slave States; He 
 had arms sent to him to Chambersburg, Pennsylvania. He had them then 
 removed to Harper's Ferry and concealed. They consisted of arms for 1,500 
 men besides 300 Sharp's rifles, 300 revolvers, and 1,000 pikes with 
 ammunition and clothing. He had supposed that if he appeared in any of 
 the Slave States and put arms in the hands of the slaves that they would 
 flock to his standard and inaugurate servile war, and overthrow 
 the states government and establish a provisional government. With 
 this object in view he, with about 18 others, on the night of 
 October 16, 1859, entered the village of Harper's Ferry and took posses- 
 sion of the United States arsenal and armory. He made a futile attempt 
 to arouse the Negroes and incite them to insurrection and confined 
 many of the citizens in the Engine-house of the armory. He was captured 
 by Colonel Robert E. Lee, who commanded the United States marines; but 
 not vintil the engine-house was taken by storm. In this encounter between 
 the John Brown party and the United States troops 14 were either killed 
 or wounded. This, indeed, was the beginning of the war, for it so alarmed 
 the southern people that they were sure that the object of the Republicans, 
 if they should get into power, was to free the slaves. The following from 
 the writings of Jeflferson will show that the people of the South had for a 
 number of years a dread of a servile insurrection. "What does the Holy 
 alliance in and out of Congress mean to do with us on the Missouri ques- 
 tion ? And this, by the by, is but the name of the case, that it is only the 
 John Doe or Richard Roe of the ejectment, the real question. Are slaves to be 
 presented with freedom and a dagger ? For if Congress has power to regu- 
 late the condition of the inhabitants of the states, within the states it will be 
 but another exercise of that power, to declare that all shall be free. Are we 
 then to see again Athenian and Lacedemonian Confederacies ? To wage another 
 Peloponnesian war to settle the ascendency between them, or is this the 
 tocsin of merely a servile war ? That remains to be seen ; but not, I hope, 
 by you or me. Surely, they will parley a while, and give us time to get 
 out of the way. What a bedlamite is man ! " — Jeflferson'sWorks vol. 7, p. 200. 
 
 We see what an alarm the slavery question had raised then — it had kept 
 on increasing until John Brown's raid had alarmed the southern people and 
 filled their minds with the dread of a servile war. John Brown was aided 
 
CONSTITUTIONAIi HISTOKT OF UNITED STATES. 97 
 
 at the north, with money, clothing, and arms ; and many of the influential 
 parties, at the north, approved of the John Brown raid. George L. Stearns, 
 Chairman of the Massachusetts State Kansas Committee, said under oath 
 before the senate Committee that he ' ' believed John Brown to be the repre- 
 sentative man of this century, as Washington was of the last. The Harper's 
 Ferry aflfair, and the capacity shown by the Italians for self-government the 
 great events of this age. One will free Europe, and the other America." 
 Brown's execution called forth from the Republicans, a stream of vile abuse 
 on the slave power. Songs were sang to the tune of John Brown's ' ' Soul 
 marching on " through the ethereal realms of space. Greeley said : Let no 
 one doubt that history will accord an honorable niche to old John Brown." 
 Youth's History of the "War, p. 63. In 1860, Lincoln was nominated by the 
 Bepublicans. He ran on the Chicago platform. The Chicago Republican 
 convention, met May 11, 1860. This was purely an anti-slavery convention, 
 for David Wilmot was temporary President — and Giddings of Ohio was a 
 leading spirit. Gieeley, vol. 1, pp. 319-331. The Democrats split in 
 fragments and nominated two candidates. — It will now be admitted by the 
 impartial reader that if the people had elected Douglas we would not have 
 been cursed with a civil war. If the principles of popular sovereignty had 
 been adopted we would not have been plunged into the most cruel, stupen- 
 dous and devastating rebellion known in history ! ! Lincoln was not elected 
 by the popular vote but by the constitution — for he lacked 930,170 of a 
 popular majority. If Douglas, Breckinridge and Bell men fused they could 
 have elected Douglas and defeated Lincoln. Greeley, Am. Confl. vol. l,p.338. 
 Had the people of the North followed Washington's Councils and had they 
 not established a sectional party, arraying one section of the country against 
 the other we would not have been plunged into the vortex of revolution ; we 
 would not have to pass through a reign of terror ; we would not have a 
 mountain of debt on our backs — we would not be ground to powder by 
 eternal taxation — our substance would not be taken to feed a legion of 
 United States tax-gatherers ! ! And the bread would not be taken from the 
 mouth of labor to feed a few pampered bondholders, and the industry of 
 the country would not be taken to support monopolies. The Republicans 
 can never exculpate themselves from their responsibility in fomenting the 
 rebellion. Greeley, Seward, Phillips, Garrison, Wade, Wilson, Chandler 
 and the other leaders of the Republican party are as responsible for the 
 rebellion and its consequences as the Fire-eaters of the South. Seward, in 
 1853, formed a sectional party on the principles of hostility to slavery and 
 its ultimate extinction in all the states. He then laid the mine which explod- 
 ed in rebellion. For the extremists North and South, Republicans and 
 Fire-Eaters had mutually fed and fostered one another. The speeches of 
 the Northern fanatics were published and circulated South to "fire the 
 Southern heart," and the speeches of the Fire-Eaters were published in 
 Northern newspapers to increase Northern hostility to the "slave power." 
 Greeley showed some consistency in '^iailing Jeff Davis" ior theiv rantnal 
 teachings helped to plunge the country into war. 
 
 That the fathers of the Constitution were abolitionists — speeches were 
 made to show that Washington, Jefferson, Madison, Franklin, Henry, and 
 Clay, were anti-slavery men.— Globe 1859-60, pp. 1038-1854-5. 
 
 Seward said in his Rochester speech, Oct. 35th, 1858 : 
 
 "So resistance to slavery and devotion to freedom, the popular element 
 now actively working for the Republican party among the people must and 
 will be the resources for its ever renewing strength and constant invlgora- 
 tion." — Globe, 1859-60, p. 154. This manifesto from Seward, who was 
 considered the leading spirit of the Republican party, together with the 
 
1(8 CIVIL GOVERNMENT OF THE STATES. 
 
 speeches of Phillips — the onslaught of the Republican press— the numerous 
 anti-slavery tracts of the Sabbath schools, the Helper book had created a 
 reign of terror at the south— the dread of servile war — the Republican orators 
 ' ' played on a harp of a thousand strings " — in some places they claimed to be 
 Democrats— that the Democvacy committed political heresy in 1854. — 
 Globe, 1S59-60, p. 1037. They claimed that the Republican party now- 
 held the principles of the fathers. During the session of Congress for 1859- 
 60, a great deal of time was taken up with the slavery question, John 
 Brown speeches — Seward's irrepressible conflict — the Dred Scott case — and 
 slavery in the territories. This session was wasted in making political 
 Capital. Seward said in his place in Congress, in 1858: 
 
 " Free labor has at last apprehended its rights, its interests, its power, 
 and its destiny, and is organizing itself to assume the government of the 
 Republic. It will henceforth meet you boldly and resolutely here ; it will 
 meet you everywhere, in the Territories or out of them, wherever you may 
 go to extend slavery. It has driven you back in California and in Kansas ; it 
 will invade your soil." In Delaware, Maryland, Virginia, Missouri, and 
 Texas. It will meet you in Arizona, in Central America, and even in Cuba. 
 The invasion will be not merely harmless, but beneficent, if you yield 
 seasonably to its just and moderate demands." — Globe 1859-60. p. 37. 
 
 Geddings had said : 
 
 "I look forward to a day when I shall see a servile insurrection in the 
 South — when the black men, supplied" with bayonets, shall wage a war of 
 extermination against Ihe whites — when the master shall see his dwelling 
 in flames and his hearth polluted ; and though I may not mock at their 
 calamity, and laugh when their fear cometh, yet I shall hail it as the dawn 
 of political millennium." — Youth's History of the War, p. 60. 
 
 This was, indeed, a declaration of war. This shows that the object of 
 the war was the annihilation of slavery. 
 
 This struggle finally came to a crisis on the defeat of Douglas and the 
 election of Lincoln. Had not the abolitionists made the abolition of 
 slavery an issue the Fire-Eaters of the south could never have succeeded in 
 their secession plans — for the great masses of the people were religiously at- 
 tached to the Union — nothing but the alarm of a servile war, fomented by 
 abolition speakers, and writers, could induce the people of the south to 
 "revolt! 1 Southern Statesmen, in their speeches, said that they were afraid 
 of the growing strength and power of the abolitionists. The Pire-Eaters 
 quoted the speeches of the abolitionists to show the growing sentiment and 
 hostility of the anti-slavery party. — The Republicans rejoiced in the success 
 of the Fire-Eaters, in the southern elections. The Fire-Eaters threatened to 
 secede on the election of Lincoln; which threat was met with derision and 
 defiance by the Republicans/ 
 
 The Republicans told the people of the North that the southern threat 
 was mere gasconade — mere idle threats of intimidation. That after elec- 
 tion the southern mind would become calm, and the political excitement 
 would subside : that the cry of dissolution, having been used so often, was 
 nothing but a mere electioneering trick. It is certain that the Radical 
 Republicans hoped that the South would plunge the country into rebellion, 
 so that, having the power of the government in their h:inds — the purse 
 and the sword — they could, in the turmoil of war, abolish slavery in the 
 South, and establish the equality of races. The Federalist wing of the 
 Republican party prayed for war, so that they could abolish the state 
 governments, and establish a consolidated government, and, finally, a mili- 
 tary despotism, as a stepping-stone to monarchy, and their darling idol 
 the British Constitution ! 
 
CONSTITDTIONAL HISTORY OF UNITED STATES. 99 
 
 In vain did the Douglas democrats appeal to the people warning them of 
 the imminent danger of the country. In vain did they warn them of the 
 fearful calamity of civil war. The people, led by blind and fanatical zeal 
 were led captive into the abolition camp. They committed themselves to 
 the guidance of blind leaders; they voted against Douglas; they left 
 the old democratic party, and followed the lead of the Republicans, who 
 were Federalists under false colors ; whose ambition was to plunge the coun- 
 try into war ; their motto was rule or ruin ! ! The Republicans said that if 
 the southern people should leave the Union, they would, like the prodigal 
 son, be glad to come back. That the north could whip them back in sixty 
 days. 
 
 CHAPTER XIII. 
 
 After the election of Lincoln, December 30, 1860, South Carolina passed 
 an ordinance of secession. On the 36th of December Major Anderson 
 evacuated Fort Moultrie, spiking his guns, and occupied Port Sumter. The 
 withdrawal of South Carolina from the Union was treated by northern 
 Republican papers with derision. They said that at the approach of the 
 first regiment in Charleston harbor secession cockades would be found as 
 scarce as cherries in the snow. But the New York Tribwne said encourag- 
 ingly, "let the prodigal go," for the leading Republican papers and politi- 
 cians wished for war so that they could wipe out slavery and establish a 
 reign of terror and govern their enemies by military forces ! ! Yet in a few 
 months afterwards the Tribune said, that the southern cities should be laid 
 in ashes and their soil sown with blood. That the "rebels" returning 
 home would find their wives and children cowering in rags, and famine 
 sitting at their fireside. — Tribune Nov. 26 and December 17, 1860. 
 
 The same paper said, May 1, 1861: "The whole coast of the South 
 from the Delaware to the Rio Grande, must be a solitude." — Again, it 
 said: "When a portion of this Union, large enough to form an independent 
 self-sustaining nation shall see fit to say authoritatively to the residue, we 
 want to go away from you, we shall say — and we trust with self-respect, if 
 not regard for principles of self-government, will restrain the residue of the 
 American people to say go ! " 
 
 In the interim between the secession of South Carolina and the meeting of 
 Congress, in December, 1860, the democratic party hoped that some com- 
 promise would be effected which would avert the impending danger and 
 efEusion of fraternal blood ! 
 
 Greeley said that the Chicago platform was worth nine Unions — the 
 Federalists never did love the constitution ; they denounced it as a league 
 with hell andcovenant with death. They had often denounced Washington — 
 they poured out the vials of their wrath and intensified indignation on the 
 fathers of the constitution for not establishing the British monarchy with its 
 corruption and vile despotism. They preached from time to time ' ' to let the 
 Union slide." They wanted to plunge the country into civil war, so that 
 they could march from military despotism to their favorite goal, a monarchy 
 after the model of the British constitution." During the war the Radicals 
 could write or speak against the Union and constitution without danger or 
 molestation from the authorities at Washington. But woe to the unfor- 
 tunate democrat who had the temerity to find fault with the blind policy 
 of the administration. The most intense excitement peivaded the public 
 
100 CIVIL GOVERNMENT OP THE STATES. 
 
 mind, north and south — various and cbnflicting opinions were entertained 
 as to the policy which Lincoln would pursue, on assuming the control of 
 the government. 
 
 The New York Herald and other papers called on the President elect to 
 quiet the public mind by disclosing, in plain, candid, and manly terms the 
 policy and course he would pursue, in regard to the threatened secession 
 of the southern states, when the reins of government came into his hands. 
 But he (who was under the control of the abolitionists), said that it was 
 time enough when he got into power. That it would do no good to dis- 
 close his policy. He adhered to this determination to the hour of his 
 death — when hard set he could ward ofE all such inquiries by a timely old 
 joke. 
 
 Had he told the people that he would not interfere with slavery, it would 
 have calmed the over-excited minds of the Southern people; and the leaders 
 of secession would be unable to incite a rebellion. For the people of the 
 South loved and cherished the Union and nothing could have induced them 
 to secede but their fears of a servile insurrection. Lincoln did not want to 
 sacrifice the Chicago platform. Had he followed the example of Washing- 
 ton, in the Pennsylvania Whiskey rebellion, or of Jackson in the 
 South Carolina nullification difficulty, we would not have been plunged 
 into a fratricidal war, we would not have sacrificed thousands of 
 precious lives to the God of battles — we would not have erected a monu- 
 ment of bonds to perpetuate the reign of Radical tyranny — we would not have 
 to groan under a mountain of taxation — we would not have desecrated 
 the temples of Religion — we would not have suppressed the freedom 
 of speech and of the press, in the name of liberty — we would not have 
 seen the constitution trampled under foot, in the name of law and order — 
 we would not have seen sovereign states reduced to territories, the ballot-bos 
 discarded and loyalty pronounced by the lips of treason. The Halls of 
 Congress woald not have been polluted by the most infamous venality, 
 corruption, and bribery unparalleled in the annals of history ! Those who 
 wish to contrast the honesty of the democratic party with the Republican 
 party should ponder on the Evidence of Horace Greeley in his charge 
 against Democrats for annexing Texas and for paying that state ten millions 
 of dollars as a consideration for the relinquishing of her claim to certain 
 territories. 
 
 ' ' By this article, the public debt of Texas, previously worth in market 
 but twenty to thirty per cent, of its face was suddenly raised nearly or quite 
 to par, to the entire satisfaction of its holders — many of them members of 
 Congress, or their very intimate friends. Corruption, thinly disguised, haunt- 
 ed the purlieus and stalked through the halls of the Capitol ; and numbers, 
 hitherto in needy circumstances, suddenly found themselves rich. The great 
 majority, of course, were impervious to such influences ; but the controlling 
 and controllable minority were not. This was probably the first instance 
 in which measures of vital consequence to the country were carried or 
 defeated in Congress under the direct spur of pecuniary interest. — Ibid. 
 308-9. See what Benton says : This charge is wanton and not supported 
 by authority. But even taking it as true, it proves that Congress was free 
 from all pecuniary corruption until the advent of the Republican party into 
 power; for this is the only charge of corruption made by Greeley against the 
 democratic party to this time. Lincoln knew that there would be war even 
 before he got into office, notwithstanding his '■'■nobody hurt." For he knew 
 that Frank Blair had organized, in secret regiments of Wide-Awakes, in 
 St. Louis. That he had organized in St. Louis a Committee of safety. 
 That Blair had intended to hold St. Louis if Missouri left the Union. — 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 
 
 f«5:^ 
 
 Life of Seymour and Blair pp. 828-9, 331-335-6. Blair called on Lincoln 
 at his home in Springfield and told him the above facts. — lUd. 
 
 All of the slave states, except South Carolina, were represented in the 
 session of Congress of 1860-61. The leading Southerns wanted to save the 
 Union by such a compromise, as would exclude the slavery question from 
 the halls of Congress. Those who passed the Missouri compromise and the 
 compromise of 1850, wished to exclude the agitation of slavery from the 
 Halls of Congress. But neither Lincoln nor the Republicans would yield 
 the Chicago platform, as it would virtually be recognizing slavery. They 
 boldly announced that the days of compromise were gone. For they well 
 knew that if they abandoned the Chicago platform it would annihilate their 
 party. This they would not do, for their ultra leaders were imbibed with 
 Federal principles and beheld the long wished for opportunity to lay violent 
 hands on the constitution, which stood in their way on their forward march 
 towards centralization o£ power, the annihilation of the states, and the 
 establishment of monarchy ! Moreover the Republicans, composed of the 
 fag-end of all parties, held together by the cohesive power of corruption 
 and public plunder, who saw glittering before their visions the long 
 coveted booty, the spoils of the victor, feared that if they made terms 
 with the "«fo»e power" their abolition allies would secede from the repub- 
 lican camp, and join the democrats. For many abolitionists frankly told 
 the Republicans that if they should yield to the "slave power," they, 
 (the abolitionists,) would join the democrats and crush the Republicans. 
 Lincoln and his party feared, that if they would compromise with the South 
 and abandon the Chicago platform the democrats would again get into 
 power. So they sacrificed their country to save their party. For rather 
 than compromise they would "Z«i the Union slide." The New York Tribune 
 said on November 36, 1860 : 
 
 ' ' If the cotton states unitedly and earnestly wished to withdraw peace- 
 fully from the Union, we think they should and would be allowed to do so. 
 Any attempt to compel them by force to remain would be contrary to the 
 principles enunciated in the immortal Declaration of Independence — con- 
 trary to the fundamental ideas on which human liberty is based." 
 
 From the Tribune of December 17, 1860 : 
 
 "If it (the Declaration of Independence) justified the secession from the 
 British Empire of three millions of colonists in 1776, we do not see why 
 it would not justify the secession of five millions of southerners from the 
 Union in 1861." The same paper again said, February 23, 1861; 
 
 " Whenever it shall be clear that the great body of the southern people 
 have become conclusively alienated from the Union, and anxious to escape 
 from it WE will do ouk best to foewaed theib views. The New- 
 York Tribune in an article two days after Lincoln's election was for letting 
 the South go. Greeley's Am. Conf. vol. 1, p. 358. Thus, we find the 
 leading Republican papers of the North encouraging secession ! 
 
 The southern members in Congress said that if the '■'■Arizona Bill" was 
 not passed that they would leave the Union in sixty days. But the leading 
 Republicans told them, that as the North had more men and money they 
 would whip the South back — yea starve them into submission, by making 
 them eat their own cotton. That they could whip them back in three 
 months! That the country wanted some "blood-letting." Members from 
 Pennsylvania, on the floor of Congress, boasted that Pennsylvania could 
 whip the South. Members from Ohio proposed to take a contract for 
 putting down the Rebellion ! 
 
 The southern members said that they wanted some guarantee for slavery; 
 as the North had passed personal liberty bills to prevent the rendition of 
 
103 CIVIL GOTEENMENT OF THE STATES. 
 
 fugitive slaves to their owners. They also said that the election of a 
 President on a sectional and abolition platform was the forerunner of Negro 
 emancipation. That if they did not get some guarantee for slavery they 
 would secede from the Union, peaceably if they could, if not, by force. 
 That they wanted that Congress would guarantee that the general govern- 
 ment would not interfere with slavery. 
 
 The Southern people, particularly the women, feared that if the Republi- 
 cans got control of the Federal government they would abolish slavery in 
 the states, and turn the South into a second San Domingo. In the midst of 
 this excitement they were made to believe, that France and England 
 would become Southern allies, that Northern commerce and manufactures 
 would be crippled, and that the Southern army would make New York and 
 Boston its headquaiters. By such arguments the people of the South were 
 seduced into rebellion. " All know the immediate cause of it " (the war). 
 " The North and South were at length arrayed against each other, in two 
 great political parties on the question of slavery. — Thus the breach between 
 the North and South gradually widened, till without some radical change, 
 it became apparent that a separation or attempted separation was inevitable. 
 Scenes were enacted in every Congress that did not tend to allay excitement 
 and even gradually became more hostile in feeling and sentiment 
 than any two entirely separate nations, in the civilized world. In 
 this emergency, some Whigs of its old leaders cast about for something 
 on which to organize a new party, and seeing how deep and wide- 
 spread was the anti-slavery sentiment of the North, determined to make 
 it in some form its platform. This was the first great step towards 
 placing the North and South face to face to each other in a struggle 
 for the control of the government." Headley vol. 1, p. 37. The Republi- 
 cans of the North held out to the deluded followers the hope that there would 
 be no war at all, — that after the South had made a few secession speeches 
 in Congress that the excitement would die out, and peace would reign in 
 Mosco ! But the leaders well knew that there would be war, but they were 
 waiting for an opportunity to precipitate it. They knew well that the people 
 would have to support the authorities right or wrong ! Tl)e people were 
 led into war before they were aware of its frightful dimensions. Thousands 
 thought that it would be over in thirty days ! Indeed, the Republicans 
 wished to plunge the country into war. They spoke of impeaching Presi- 
 dent Buchanan. They spoke of Cromwell's triumph over Charles the First, 
 and of the Red Republicans of France over Lbuis XVI. They depicted in 
 vivid colors the American reign of terror, as effectually as if they knew the 
 bloody programme that was about to deluge the country with human gore. 
 While the extremists North and South were endeavoring to precipitate 
 the country into internecine war, the Douglas democrats appealed 
 to both extremists North and South to settle the troubles of the 
 country by compromise. In the midst of this posture of affairs the patriot 
 John C. Crittenden offered his famous compromise measures 18 December, 
 1860, to save the Union, by restoring the Missouri compromise, which 
 would have placed the question of slavery out of the reach and con- 
 trol of the Federal government. "But the party clamor at the north by 
 the Republican party drowned all patriots. Headley vol. l.p. 46. — Crit- 
 tenden Compromise. Globe, 1860-61. p. 114. The Republican press and 
 politicians, a few weeks previous, when South Carolina left the Union, said 
 let the South go in peace, as a wayward sister ; — that a union held together 
 by bayonets was a despotism ; that the union should npt be held together 
 by force now; they said that the "days of compromises were gone by;" 
 that they would make no more compromises with slavery. Thoy 
 
CONSTITUTIONAL HISTOKY OF UNITED STATES. 103 
 
 denounced the Crittenden Compromise. All who advocated a compromise 
 were branded as traitors, who were in league with the Southern rebels, or 
 as sympathizers, giving them aid and comfort. They proclaimed in the Halls 
 of Congress, and through the leading press, that they would let the Union 
 slide rather than the Chicago platform. So the Republicans preferred their 
 party platform to peace. JefE Davis said that if the compromise came 
 from the north, the south would not leave the Union ; but the Republicans 
 would not compromise. — Greeley, Am. Conf. vol. 1, p. 383. Indeed, they 
 showed a wi nt of sincerity in not adopting the Crittenden Compromise ; as 
 they gained strength from the democratic ranks by the clamor raised after 
 the repeal of the Missouri compromise. Now, they refused to restore it, as 
 they voted against extending it to the Pacific, in 1850. Indeed, it was the 
 repeal of the Missouri compromise which gave power to the abolitionists 
 as they were able to fuse with all parties opposed to the Kansas and 
 Kebraska act and the repeal of the Missouri compromise. The responsibil- 
 ity of secession and rebellion must be divided between the fanatics of the 
 North and the Fire-Eaters of the South, who for years had labored to bring 
 about a dissolution of the Union. The majority of the southern people were 
 deceived and believed they were in danger of subjugation and that they 
 would have to contend with an insurrection of the slaves after emancipation." 
 Headley vol. 1, p. 48. 
 
 December, 1860, Mr. Adrian offered a resolution in Congress, the pur- 
 port of which was that Congress should abandon the doctrine of inter- 
 ference with slavery in the territories. — Cong. Globe 1860, p. 77. That the 
 personal liberty bills in the states interfering with slavery should be 
 repealed. Ihat the fugitive slave law should be obeyed and that the states 
 should taithfuUy adhere to the compromises of the constitution. This 
 resolution was opposed by the Republicans as being in conflict with their 
 platform. They said that they would not abandon the Chicago platform 
 if the heavens should fall ! December 1860, Mr. Mallory offered a resolu- 
 tion to protect slavery south of the line of 86 deg. 30 min. — Cong. 
 Globe, 1860-61 p. 78. So far were the Republicans from conceding 
 to these new demands of the South that Mr. Kilgore offered a reso- 
 lution December 13, 1860, that the right of trial by Jury should be 
 allowed to fugitive slaves which would in many of the northern states 
 amount to a substantial repeal of the fugitive slave law. — Cong. Globe 
 1860-61, p. 78. 
 
 Wade said, on the 17th day of December, 1860: — 
 
 "If I know myself I am the last man that would be the advocate of any 
 law or any act that would humiliate or dishonor any section of this coun- 
 try, or any individual in it: and, on the other hand, let me tell these gentle- 
 men I am exceedingly sensitive upon that same point. Whatever they may 
 think about it, I would rather sustain an injury than an insult or dishonor; 
 and I would be as unwilling to inflict it upon others as I would be to sub- 
 mit to it myself. I never will do either the one or the other if I know 
 it."— Cong. Globe 1860-61, p. 100. 
 
 Seward said to Mr. Adams, United States minister to London: "For 
 these reasons he (Mr. Lincoln) would not be disposed to reject a cardinal 
 dogma of theirs (the secessionists) namely, that the Federal government could 
 not reduce the seceding states to obedience by conquest, even although he 
 were disposed to question that position, but in fact the President willingly 
 accepts it as true, only an imperial or despotic government could subjugate 
 thoroughly disaffected and insurrectionary members of the state. This Fede- 
 ral Republican system of ours is of all forms of government the vei7 one 
 most unfitted for such labor." 
 
104 CIVIL GOVERNMENT OF THE STATES. 
 
 Was this the true sentiment of the leading Republicans, or was it a delu- 
 sion atid a snare to blind the people, by making them think that there would 
 be no war ? Was not this a mere sham to prevent and defeat compromise ; 
 to delude the people into the belief that everything would be all right and 
 that peace would reign in Warsaw ? Their, object being delay until the 
 Republican party was in an attitude to make war and then to dictate their 
 own terms at the point of the bayonet. The conclusion drawn from the 
 after acts of the Republican drama.is irresistible that they were not sincere 
 in their professions of peace. 
 
 On the 17th January, 1861, Florida seceded from the Union: Mississippi 
 on January the 9th, 1861 : Alabama January 11, 1861 : Georgia January 30, 
 1861: Louisiana January 36, 1861, and Texas February 1, 1861. Thus, in 
 three months after Lincoln's election, all the cotton states had seceded from 
 the Union and seized the New Orleans mint, they had secured all the forts 
 and arsenals except Sumter and Fort Pickens. 
 
 Resolutions were oflFered in Congress calling for a national convention, but 
 they were defeated by the Republicans. — Globe 1860-61, pp. 114-17 316. 
 Buchanan's message, Dec. 8, 1860: 
 
 "The diiferent sections of ■'he Union are now arrayed against each other, 
 and the time has arrived, so much dreaded by the father of his country 
 when hostile geographical parties have been formed. I have long foreseen 
 and often forewarned my countrymen of the now impending danger." 
 " Violent agitation of the slavery question throughout the North for the 
 last quarter of a century has at length produced its malign influence on 
 the slaves, and inspired them with vague notions of freedom. Hence a 
 sense of security no longer existed around the family altar. This feeling of 
 peace at home has given place to apprehensions of servile insurrection. 
 Many a matron throughout the South retires at night in dread of what may 
 befall herself and her children before the morning. Should this apprehen- 
 sion of domestic danger, whether real or imaginary, extend and intensify 
 itself until it shall pervade the masses of the southern people, then dis- 
 union will become inevitable." "It cannot be denied that, for five and 
 twenty years, the agitation at the North against slavery in the South has 
 been incessant. In 1835, pictorial handbills and inflammatory appeals 
 were circulated extensively throughout the South, of a character to excite 
 the passions of the slaves ; and, in the language of General Jackson, to 
 stimulate them to insurrections, and produce all the horroi's of a servile 
 war. This agitation has ever since been continued by the public press, by 
 the proceedings of state and county conventions, and by abolition sermons 
 and lectures. The time of Congress has been occupied in violent speeches 
 on this never-ending subject ; and appeals in pamphlet and other forms, 
 indorsed by distinguished names, have been sent forth from this central 
 point, and spread broadcast over the Union. 
 
 " How easy would it be for the American people to settle the slavery 
 question forever." All that is necessary to accomplish the object, and all 
 for which the slave states have ever contended, is to be let alone, and 
 permitted to manage their domjestic institutions in their own way." 
 
 " The most palpable violations of constitutional duty which have yet b^en 
 committed consist in the acts of different State Legislatures to defeat the 
 execution of the fugitive slave law." 
 
 ' ' In order to justify secession as a constitutional remedy, it must be on 
 the principle that the Federal government is a mere voluntary association 
 of states, to be dissolved at pleasure by any one of the contracting parties 
 If this be so, the confederacy is a mere rope of sand, to be penetrated and dis 
 solved by the first adverse wave of public opinion in any of the states " 
 
CONSTITDTIONAIi HISTORY OP UNITED STATES. 105 
 
 " The question fairly stated is : Has the constitution delegated to Con- 
 gress the power to coerce a state into submission which is attempting to 
 withdraw or has actually withdrawn from the Confederacy ? If answered 
 in the affirmative, it must be on the principle that the power has been con- 
 ferred upon Congress to declare and to make war against a state. After 
 much serious reflection I have arrived at the conclusion that no such 
 power has been delegated to Congress or to any other department 
 of the Federal Grovernment. It is manifest upon an inspection of the 
 constitution, that this is not among the specific and enumerated 
 powers granted to Congress ; and it is equally apparent that its exercise 
 is not necessary and proper for carrying into execution any one of 
 these powers. So far from this power having been delegated to 
 Congress, it was expressly refused by the Convention which framed the 
 constitution. 
 
 " It appears, from the proceedings of that body, that on the 31st May, 
 1787, the Clause authorking an exertion of the force of the whole against a de- 
 Unguent State came up for consideration. Mr. Madison opposed it in a 
 brief but powferful speech, from which I shall extract but a single sentence. 
 He observed : The use of force against a state would look more like a dec- 
 laration of war than an infliction of punishment; and would probably be 
 considered by the party attacked as a dissolution of all previous compacts 
 by which it might be bound! " 
 
 "Upon this motion the clause was unanimously postponed, and was 
 never I believe again presented. Soon afterwards, on the 8tti June, 1787, 
 when incidentally adverting to the same subject he said : Any government 
 for the United States, formed on the supposed practicability of using 
 force against the unconstitutional proceedings of the States, would prove 
 as visionary and fallacious as the Government of Congress : evidently mean- 
 ing the then existing Congress of the old confederation. 
 
 Without descending to particulars, it may be safely asserted, that the 
 power to make war against a state is at variance with the whole spirit and 
 intent of the Constitution. Suppose such a war should result in the con- 
 quest of a state ; how are we to govern it afterwards ? Shall we hold it as 
 a province, and govern it by despotic power ? In the nature of things we 
 could not by physical force, control the will of the people, and compel 
 them to elect senators and representatives to Congress." 
 
 ' ' The fact is, that our union rests upon public opinion, and can never be 
 cemented by the blood of its citizens shed in civil war. If it cannot live 
 in the aflfections of the people, it must one day perish. Congress possesses 
 many means of preserving it by conciliation; but the sword was not 
 placed in their hands to preserve it by force." 
 
 This message caused great excitement among the Republicans. Buchanan 
 was openly denounced as a traitor. He was blamed for not sending troops 
 into South Carolina — for making any mention of compromise or reconcilia- 
 tion. The majority of the people north and south were of the opinion that 
 there was no power in Congress to coerce a state. The leading Repub- 
 licans, such as Greeley of the New York Tribune, held this doctrine. But 
 nearly all except the leading politicians and their fanatical dupes shuddered 
 at the idea of bloodshed. And if a convention of all the states in the 
 union had assembled they would be adverse to bloodshed and would yield 
 to the compromise measures. But the Radicals did not want any compromise 
 which would oust the slavery question from Congress and politics. Buch- 
 anan was in favor of a compromise, for he said : 
 
 " The explanatory amendment might be confined to the final settlement 
 of the true construction of the constitution on three special points : 
 
106 CIVIL GOTEENMENT OF THE STATES. 
 
 1. "An express recognition of the right of property in slaves in the states 
 where it now exists or may afterwards exist. 
 
 3. "The duty of protecting this right in all the common Territories 
 throughout their territorial existence, and until they shall be admitted as 
 states into the Union, with or without slavery, as the constitutions may 
 prescribe. 
 
 3. * ' A like recognition of the right of the Master to have his slaves, who 
 had escaped from one state to another, restored and ' delivered up ' to him, 
 and of the validity of the fugitive slave law enacted for this purpose, to- 
 gether with a declaration that all state laws impairing or defeating this 
 right are violations of the constitution, and are consequently null and void." 
 This would be adopting both the Dred Scott decision and the recent Breck- 
 inridge platform and ingrafting them on the constitution. — The Republi- • 
 cans denounced it and said before they would submit to such an 
 amendment of the constitution they would let the Union slide. — It would 
 in substance swallow up the Chicago platform. Greeley said he would let 
 nine Unions slide before he would give up the Chicago platform. 
 
 The border states now appealed to the cotton states and to the northern 
 Republicans, to compromise and avert civil war. They said that the border 
 states had suflfered more from the intermeddling abolitionists of the north, 
 than the cotton states. That their slaves were stolen and sent north by the 
 ' ' underground railroad, " while the cotton states had lost but very few slaves. 
 That in the event of war between the north and south, all the fighting would 
 be done on the soil of the border states. That they would be continually 
 losing their slaves and other property, by the ravages of war on their soil. 
 That the tide of war passing over their states would desolate their planta- 
 tions, towns, and cities. That during such war their slaves would easily 
 run away and cross over the line to Pennsylvania, Ohio, Indiana, and 
 Illinois. That after the war was over, should the south gain her indepen- 
 dence, yet, their slaves would run over to the free states. That the border 
 states would have to maintain a chain of forts and bristling cannon along 
 the border line to guard against raids from the Free-States. The Republi- 
 can party refused to pass the Arizona Bill, or the Crittenden compromise, 
 referred to, and the cotton states seceded, not by submitting the question of 
 union or disunion to the people, but by a convention of the seceding states. 
 There was a large union party souti;, and if encouraged by the Republican 
 party, to compromise secession would be impossible! The border states of 
 Delaware, Maryland, Virginia, North Carolina, Kentucky, Arkansas, 
 Tennessee, and Missouri were adverse to a dissolution of the union. Vir- 
 ginia, the mother of states and statesmen, now entered the lists as a media- 
 tor between the north and the cotton states. She thought that she could 
 effect such compromise measures, as would keep the border states in the 
 union. That after some time the cottbn states would come back again into 
 tlie Union. For this purpose, she called on all the states to send delegates 
 to a peace Congress, to be holden at the city of Washington. 
 
 This Congress met, with ex President Tyler as chairman. The States of 
 Michigan, Maine, and Minnesofa refused to send Delegates to this Congress. 
 For the Republicans had from time to time declared that they would not 
 pass any compromise that would conflict with the Chicago platform. 
 Numerous petitions were sent to Congress to compromise and save the 
 country from the effusion of blood. North Carolina recommended the adop- 
 tion of the Crittenden compromise. The Peace Congress broke up without 
 accomplishing anything. This was the second time tliat the Republicans 
 refused to compromise ; preferring the Chicago platform to the peace and 
 welfare of the country, the Constitution and the Union. They were willing 
 
CONSTITDTIONiL HISTORY OF ITNITED STATES. 107 
 
 to accept the horrors of civil war ! The Republicans said that the advocates 
 of compromise were traitors I That they would never compromise with the 
 slave power. That they would rather let the Union slide than compromise 
 with slavery. In 1861, Jefferson Davis, Fitzpatrick, Clay, Youlee, and 
 Mallory resigned their seats in the United States Senate. Delegates from 
 the six seceded states met at Montgomery, Alabama, on the 4th day of Feb- 
 ruary, 1861, for the purpose of organizing a provisional government. This 
 body adopted a Constitution for the confederate states on the 8th of 
 February. On the 9th of February 1861, Congress elected Jefferson Davis 
 President and Alexander H. Stevens vice-President. (Lost Cause p. 90.) 
 
 The Constitution adopted by the Confederate States was nearly the 
 same as the old Constitution of the United States, with only a few excep- 
 tions. It prohibited bounties to any branch of business. The President 
 held his office for six years ; he was re-eligible to the same office. It provided 
 for the right to take slave property into the territories. 
 
 Feb. 9th, 1861, the democratic convention of Ohio had sent a re- 
 solution to Congress to have that body "do something definite and 
 practical to avert the terrible evils of civil war." — Cong. Globe 1861 
 p. 820. During this session of Congress a hope of pacification was 
 entertained rwrth, and south. But the leading Republicans said that 
 no concession would be yielded, that an issue of arms was more to be 
 desired than otherwise. All propositions to compromise were voted 
 down by the Republicans. Hale and several other senators said 
 that they would not agree to any compromise whatsoever. — Cono-. Globe 
 1860-61, p. 116. Feb. 37, 1861, a joint resolution from a-select committee 
 of thirty-three, to amend thp constitution so that slavery should never be 
 abolished in the slave states was defeated. — Cong. Globe 1861 p. 1364. 
 
 At this critical time the people of the North looked to Mr. Lincoln as an 
 oracle, who was to decide the destinies of the country and calm the ex- 
 citement of tiie public mind. This was no idle expectation, for Mr. Lincoln 
 could by his proclamation keep the border states in the union by proposing 
 peace measures on the principle of the Crittenden compromise. But in- 
 stead of meeting the question as Washington did the '^ Whiskey Mebellion,'^ 
 in a plain, candid, frank, and unequivocal manner, he merely said, on his 
 way to Washington, that no lody was hurt. That all things would be right. 
 — That thp rebellion was only an artificial excitement. — Headley vol. 1, p. 
 49. Though he well knew that seven states had seceded from the union 
 he feigned to treat the whole matter lightly. He said it was no more than 
 a mere riot. Notwithstanding he went disguised in a Scotch cloak and cap 
 to Washington, and was the first President,, who called on the armv to 
 furnish him rtith a body-guard. He went to the Capitol to be inaugurated, 
 guarded by bristling steel! This was the first step towards a military 
 despotism ' 
 
 The seceded states told the border states that they did not want to break 
 up the Union, but that they wanted to go out to get further guarantees for 
 their property. That they wanted to get amendments to the Constitution 
 guaranteeing their rights now or never. — Headley, vol. 1, p. 53. 
 
 Mr. Lincoln's inaugural was susceptible of different constructions. It was 
 got up as a puzzle to impose on the people, so that it might be construed 
 by those in favor of peace, as a peace measure; and by those in favor of 
 abolition as an abolition measure; and by those in favor of war as a war 
 measure. Indeed, it was the embodiment of a Non-Co nimiital of his policy, 
 which he did not want to disclose, until he was firmly established in the 
 Presidential chair surrounded by a large army! He wished to feel his way 
 slowly at first. When he secured an inch he was preparing to take a rod ! 
 
108 CIVIL GOVERNMENT OP THE STATES. 
 
 He wanted to keep his policy in the dark until Congress would enlarge his 
 powers. He did not want to propose any plan, which would conflict with 
 the Chicago platform ; or the wishes of his party, even to save the Union I 
 He was afraid of the wrath of the abolitionists, who threatened him with 
 vengeance, as they did afterwards President Johnson, if he dared not to 
 comply with their wishes. They even went so far as to say that they 
 wanted a more active man to put down the rebellion. 
 
 During the session of Congress of 1860-61, the Bepublican party in Con- 
 gress refused to let Judge Douglas and the Democratic party know what 
 policy they intended to pursue to settle the difficulties of the country, 
 whether by peace or war. This was the fatal rock on which the Republi- 
 can party wrecked the constitution. Had Lincoln discarded the Eadicals, 
 who by their preaching, had brought the country to the awful precipice of 
 " Civil TFar," he could have summoned to his aid the conservatives, loyal, 
 and patriotic men of the country and having proposed compromise in his 
 inaugural and in his message to Congress, he would have the support of the 
 Democrats and conservative Republicans, the border statesmen and the 
 Union men of the south. The cotton states would then be glad to return 
 to the Union, as soon as a general amnesty bill would be passed in regard 
 to acts of secession ! But the Republicans, as already stated, denounced 
 all propositions for compromise and conciliation and preferred to plunge 
 the country into the fatal maelstrom of civil war rather than give up the 
 Chicago platform! The extremists both north and south had control of 
 the state Legislatures, and failed to pass acts for submitting the question 
 of war or peaceto a vote of the people, who would have voted for com- 
 promise to save the country from war. 
 
 The majority of the people thought that Lincoln would withdraw the 
 troops from South Carolina. The New York Tribune and other Repub- 
 lican papers said "fef the South go in peace." The President hesitated to 
 reinforce Fort Sumter. Some discussion took place in the cabinet about 
 the surrender of Fort Sumter. Chase was in favor of withdrawing the 
 troops from Sumter. Greeley's Am. Conflict vol. 1, pp. 440-42. 
 
 The administration ordered a fleet to sail to reinforce Fort Sumter: 
 which arrived outside of Charleston harbor and bar about the time that 
 Beauregard was bombarding Fort Sumter. Immediately on the fall of Sumter 
 the whole North was seized with a frenzy. Republican mobs raised 
 the " flag excitement " and all persons who were known to be leading 
 democrats were visited by mobs and compelled to "hoist the flags " over 
 their buildings. Those who merely disapproved of the war, were denounced 
 as traitors, rebels, or rebel sympathizers. To oppose or even speak against 
 the war policy was considered treason. Such papers as opposed or^ even 
 disapproved of the war policy were suppressed, either by mobs or the 
 authorities and the proprietors and editors sent to Fort La Fayette and 
 other forts. Meantime the President issued his proclamation, April 
 1861, declaring the cotton states in a state of rebellion and calling out 
 75,000 men, for three months, to protect the capital, and to repossess the 
 public property. He declared the ports of the cotton states closed to the 
 commerce of the world, as also the Mississippi River. He called a special 
 session of Congress to meet on the 4th of July, 1861. The border states, 
 through their executives, refused to respond to the, call of the President 
 for troops — declaring his acts calling out 75, 000 men and closing the ports 
 unconstitutional. Virginia, who before this proclamation, voted down in 
 convention, secession by a majority of 70 for the Union — App. Globe, 
 1861-63, p. 13, now said they would not let the Federal troops invade 
 the '■'■Sawed soil of Virginia.'''' The state of Kentucky declared that she 
 
CONSTITUTIONAL HISTOKY OF UNITED STATES. 109 
 
 would remain neutral. That she -would not allow either the Federal or 
 Confederate troops to invade the state ! North Carolina had voted down 
 secession before jLincoln's proclamation. Arkansas had postponed her con- 
 vention until full in hopes of compromise which was hoped would be passed 
 to save the Union. Now, these states declared that they would secede from 
 the Union as all hope of pacific adjustment was lost. West Virginia seced- 
 ed from the old State of Virginia, and set up a government of its own and 
 sent representives to Congress, who were admitted to seats. This was 
 a palpable violation of the constitution ! This Congress sanctioned seces- 
 sion and a violation of the constitution. This shows the bad faith of the 
 Republicans. They showed that tbey were always ready to violate the con- 
 stitution whenever it avowed their party purposes. — For they had always 
 preferred party and public plunder to their country, the Union, and the 
 constitution ! Two days after the interview of the commissioners with Mr. 
 Lincoln, Virginia joined the confederates. North Carolina, Tennessee and 
 Arkansas followed Virginia, and the President occupied Maryland with troops ; 
 citizens were disarmed in Maryland and Missouri — many arrests were made — 
 the writ of Habeas Corpus was suspended and the country put under a reign 
 of terror ! Tennessee was divided between the union men and the confederates. 
 Indeed, there was a strong union element in every one of the seceded states 
 before the President issued his proclamation. They were forced into re- 
 bellion when they beheld the reign of terror inaugurated by the Radicals, 
 for the Radicals trampled under foot both free speech and free press ! The 
 Radicals called it treason to speak either in favor of peace or compromise, 
 or even to say that the war would last long and that we would have to pay 
 an enormous debt and eternal taxation ! In Missouri, Governor Jackson 
 and the other state officers were deposed by a state convention and new 
 state officers elected. The state of Maryland attempted to secede. 
 Congress met July 4th 1861, and the Republicans in their 4th of July ora- 
 tions told the people that there should be but one party, and that the 
 Republican party. That opposition to Lincoln's administration was 
 treason ! They called upon the President to abolish slavery by proclama- 
 tion. They said there could be but one party in the country. Those who 
 were loyal and those who were disloyal. Those who diSered with the 
 President were either mobbed or bastiled ! At this cession of Congress (in 
 1861,) a resolution was passed prohibiting the transaction of any business 
 but what pertained to war and for putting down the rebellion. This was 
 done to exclude the passage of peace measures ; for the Republicans did 
 not want peace. They preferred war so as to have an opportunity to es- 
 tablish their Federal principles at the cannon's mouth and the point of the 
 bayonet! But to lull the people into confidence in the policy of the ad- 
 ministration as well as to get volunteers, congressmen said that the war 
 would be over in three months. That they could cut off the southern peo- 
 ple from the commerce of the world and starve them into submission. 
 That the northern blockade squadron would prevent them from selling 
 their cotton, and as they would have neither money nor provisions that 
 they could not carry on the war for three months. The President made a 
 great mistake in not calhng Congress together sooner before the secession- 
 ists had time to discipline their armies. This delay caused the country 
 thousands of lives, and millions of dollars ! 
 
 The states of Maryland, Delaware, and the quasi state of West Virginia, 
 Tennessee, Missouri, and Kentucky, sent representatives to Congress, still 
 hoping to avert war by some compromise : but all compromises were read 
 out of order, as the Republicans had passed a resolution the first day of the 
 session, as already mentioned, that Congress should pass no act but what 
 
110 CIVIL GOVEKNMBNT OF THE STATES. 
 
 •was necessary as a war measure; and to clothe the President with powers t{ 
 put down the rebellion. By this foolish act the Republicans iepudiatec 
 all accommodation or compromise with the South and left the question t( 
 be decided by the God of battles. Congress passed an act enlarging th( 
 powers of the President, so that he could, on his own motion, declan 
 any part of the country in rebellion and blockade its ports, and seize oi 
 vessels of the citizens of said rebellious district found in any of the ports 
 of the United States. Congress also ratified the acts of the President, jusi 
 as if Congress had the right to abolish or violate the constitution or tc 
 absolve the President for violating it. Congress claimed and has ever sinct 
 claimed , the right to govern the country by the sword. For it fell back on 
 the old Federal docrines of Hamilton and Adams, and the public law oi 
 imperial Eome. The republicans denounced as traitors all who spoke oi 
 preserving the constitution ! 
 
 "Chief Justice Taney held that the President could not suspend the writ 
 of Habeas Corpus by mere proclamation. But the Republicans having a 
 majority in Congress, as well as a majority of the Northern governors and 
 state Legislatures, set the opinion of the Chief Justice at defiance. 
 They held that the mere will of the President and the Congress was the 
 supreme power to which all should submit. The Chief Justice said, that if 
 the liberty of the citizen were subject to the whim, caprice, or tyranny of 
 military men the people would be reduced to abject slavery. This was 
 prophetic. The President got an opinion from his Attorney General Bates, 
 who held that the President, as a ^^ military necessity," could suspend the 
 Writ of Habeas Corpus, close the ports and call out 75, 000 men to sup- 
 press the rebellion. This opinion was weak and unfounded in law. 
 
 " At the beginning of the present Presidential term, four months ago, 
 the functions of the Federal Government were found to be generally sus- 
 pended within the several states of South Carolina, Georgia, Alaibama, 
 Mississippi, Louisiana, and Florida, excepting only those of the Post Office 
 Department." 
 
 " Finding this condition of things, and believing it to be an imperative 
 duty upon the incoming Executive to prevent, if possible, the consummation 
 of such attempt to destroy the Federal Union, a choice of means to that 
 end became indispensable. This choice was made, and war declared in the 
 inaugural address. The policy chosen looked to the exhaustion of all 
 peaceful measures, before a resort to any strong ones. It sought only to 
 hold the public places and property not already wrested from the govern- 
 ment, and to collect the revenue, relying for the rest on time, discussion, 
 and the ballot-box." 
 
 Here was a pledge from the President of the United States to the people 
 of the North and of the border states that the resort to arms was merely to 
 recover the public property for the Constitution and the Union. This 
 was done to induce the Democrats of the North and the Union men of the 
 South to gain the Union army. How he kept his promise — how he redeem- 
 ed his pledge, his word, is now known to the world. Thousands of men 
 North and South who joined the Union army and fought for the old flag 
 would not do so if they knew that they would be used as a means for sub- 
 jugation, for establishing a military despotism both North and South, but 
 they were induced to join by means of this promise of the President. But 
 in a few months he violated his promises and pledges! The same 
 message shows Lincoln's policy on the evacuation of Sumter and on the 
 practicability of reinforcing the same : 
 
 " On the 5th of March, (the present incumbent first full day in office,) a 
 letter of Major Anderson, commanding at Fort Sumter written on the 38th, 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. Ill 
 
 of February signed at the war department on the 4th of March, was by that 
 department placed in his hands. This letter expressed the professional 
 opinion of the writer, that reinforcements could not be thrown into that 
 fort within the time for his relief, rendered necessary by the limited supply 
 of provisions, and with a view of holding possession of the same, with a 
 force less than twenty thousand good and well disciplined men." * * "The 
 whole was laid before Lieutenant General Scott, who at once concurred 
 with Major Anderson in opinion." * * "He also stated at the same time 
 that no such suflScient force was then at the control of the government."* * 
 "In a purely military point of view, this reduced the duty of the adminis- 
 tration in the case, to the mere matter of getting the garrison safely out of 
 the fort. It was believed, however, that to abandon that position, under 
 the circumstances, would be utterly ruinous." 
 
 CHAPTER XrV. 
 
 The next attempt was to send a fleet to garrison Fort Pickens, and to 
 evacuate Fort Sumter as a military necessity. But it was found difficult to 
 reinforce Fort Pickens. In the meantime a fleet was fitted out to relieve 
 Fort Sumter. The Governor of South Carolina was notified that Fort 
 Sumter would be provisioned, and if an attempt would be made to prevent 
 the same — ^then the fort would be reinforced. South Carolina had offered 
 to supply the fleet with provisions herself. — This was the state of affairs when 
 the Federal fleet' appeared off Charleston harbor — when the Confederates 
 fired upon Sumter. The president held a correspondence with the authori- 
 ties of South Carolina about provisioning Sumter. This is what the leaders 
 wanted, for they did not want to evacuate the fort and they wanted the 
 South to fire the first gun. — To commence the rebellion — this was Seward's 
 policy, for they well knew that this would arouse and unite the North 
 against the South. Indeed, many Republicans had a few days before this 
 expressed the opinion openly that they were willing to let the South go in 
 peace. So said Greeley and other leaders of the Republican party ! 
 
 The President further said in his message on the evacuation of Fort 
 Sumter : 
 
 "This government desired to keep the garrison in the Fort, not to assail 
 them, but merely to maintain visible possession, and thus to preserve tha 
 Union from actual and immediate dissolution — trusting, as herein before 
 stated, to time, discussion, and the ballot-box, for final adjustment." How 
 soon he abandoned this position when he had an army at his control. Many 
 of his political opponents were made to believe that the war was for no 
 other purpose than for the constitution, the Union, and the supremacy of the 
 laws. It was necessary for the President and his party to keep their ulti- 
 mate object in the background — for even in the' border states the majority 
 were for the Union. Here is what the President said: " The border states, 
 so called, were not uniform in their action, some of them being almost for 
 the Union, while in others — as Virginia, North Carolina, Tennessee, and Ar- 
 kansas the Union sentiment was nearly repressed and silenced." The fear 
 that the war would be used for ultimate abolition was the cause of this. 
 The people were not certain that Mr. Lincoln would keep his word. 
 Many persons both North and South said that the Republicans would, 
 when able, use the war power for the Emancipation of the slaves. The 
 Republicans denied this and denounced the democrats as traitors and 
 copperheads. But time shows that the Democrats were right! 
 
113 CITIL GOVEBNMENT OF THE STATES. 
 
 The President in his message claimed the right to suspend the writ of 
 
 habeas corpus— to call out the militia, to close the ports, and to declare the 
 
 . blockade. He said whether legal or not they " were ventured upon under 
 
 what appeared to be a popular demand and a public necessity, and trusting 
 
 then as now that Congress would readily ratify them." 
 
 Now, why did not the President call Congress together sooner? Certainly 
 he could convene Congress sooner — why wait from the 4th of March, to the 
 4th of July — while the country was in the midst of revolution? It was done 
 so that he could inaugurate the war before Congress assembled, so as to cut 
 off all debates on xiompromise. How did he know that Congress would 
 ratify his actions? had he an express promise from the leading Republicans ? 
 Compromise would have saved the union — would have prevented blood. 
 Hear what he further says in his message on this subject: 
 
 "It may well be questioned whether there is, to-day a majority of the 
 legally-qualified voters of any state, except perhaps South Carolina, in 
 favor of disunion. 
 
 " It is ventured to affirm this even of Virginia and Tennesee; for the 
 result of an election held in military camps, where the bayonets are all on 
 one side of the question voted upon, can scarcely be considered as demon- 
 strating popular sentiment. At such an election, all that large class who 
 are at once for the union, and against coercion, would be coerced to vote 
 against the union." 
 
 It was to get the union men to support the Lincoln policy that the fol- 
 lowing part of the message was addressed, as to the future policy of his 
 administration: "Lest there be some uneasiness in the minds of candid 
 men as to what is to be the course of the government towards the southern 
 states after the rebellion shall have been suppressed, the executive deems 
 it proper to say, it will be his purpose then, as ever, to be guided by the 
 constitution and the laws; and that he probably will have no different 
 understanding of the powers and duties of the Federal government 
 relatively to the rights of the states and the people, under the constitution, 
 than that expressed in the inaugural address." 
 
 Many democrats north and south believed that Mr. Lincoln would keep 
 his word and conduct the war merely for constitutional purposes. But he 
 did not mean to abandon either the platform of his party or his own prin- 
 ciples — that the country could not last "half slave and half free." He 
 had the emancipation of the slaves before his mind day and night, as can 
 be seen from his future messages. It was with the deepest regret that the 
 executive found the duty of employing the war power in defence of the 
 government forced upon him. He could but perform this duty, or surren- 
 der the existence of the government. No compromise by public servants 
 could in this case be a cure ; not that compromises are not often proper, 
 but that no popular government can long survive a marked precedent that 
 those who carry an election can only save the government from immediate 
 destruction by giving up the main point upon which the people gave the 
 election." Now, it may be asked what vital question was before tbe 
 people, in the election of 1860 ? It was the slavery question as set forth 
 formally in the Chicago platform. That was the main point that elected 
 Mr. Lincoln. This is what he did not want to compromise, for he would 
 be the politif^al death of his party. 
 
 Lincoln did not offer any plan of compromise. He was willing that the 
 American people should engage in a cruel and bloody war — father against 
 son — brother against brother — neighbor against neighbor. He was willing to 
 behold the burning of cities — the desolation, carnage, and misery of frater- 
 nal war — the agonies and moans of the widows — the tears of the orphans— 
 
CONSTITUTIONAL HISTOKY OF UNITED STATES. 113 
 
 a mountaia of debt — eternal taxation — yea, and even military despotism, 
 and military prisons. And what for ? — to support the Chicago platform — to 
 uphold a mere political party. 
 
 The Republican papers now raised the war cry — that the Capital was 
 in danger. That the flag should not be trampled upon. They denounced 
 all who spoke of liberty or the Constitution. In the name of loyalty they 
 denounced Democrats and all who spoke of peace. Evidently the Repub- 
 licans wished to plunge the country into war as they saw an opportunity 
 of making money, as array contractors and speculators ; others wished for 
 the titles of captains, majors, colonels and generals — they saw before their 
 visions crowns, stars, and garters; which filled the imaginations with 
 ambitious views of future greatness! Those,who,onthecontrary,beheldthat 
 the war would bring national calamity, misery, and eternal taxation, and 
 who saw before them a long and bloody war, were denounced as sympa- 
 thizers with the rebellion. Many were thus driven into silence and others 
 into prison, or mobbed ; — the Radicals had things their own way. 
 
 To impose on the people and to cover up the arbitrary proceedings of 
 the administration and the Republican party, the cry was raised that the war 
 would not last long. This was done for an other object, to encourage the 
 enlistment of volunteers, so that France and England would not recognize 
 the southern confederacy by representing that those states were merely 
 disturbed by a local and insignificant insurrection ! 
 
 Mr. Seward instructed Mr. Dayton, minister to Prance, to have him 
 impress on the French government that there was no idea of a dissolution 
 of the union. On this occasion, the New York Tribune, which a few 
 months previous was in favor of letting the south go, now said : ' ' That Jeffer- 
 son Davis & Co. would be swinging from the battlements at Washington, at 
 least by the 4th of July." 
 
 The New York Times said, "We have only to send a column of twenty- 
 flve thous'and men across the Potomac to Richmond, and burn out the rats 
 there ; another column of twenty-five thousand to Cairo seizing the cotton 
 ports of the Mississippi ; and retaining the remaining twenty-five thousand 
 included in Mr. Lincoln's call for seventy-five thousand men, at Washing- 
 ton, not because there is need for them there, but because we do not re- 
 quire their services elsewhere." The Philadelphia Press said; "no man 
 of sense could, for a moment doubt that this much ado about nothing 
 would end in about a month. The ' ' Chicago Tribune said : That Illinois could 
 whip the south herself." — Lost Cause p. 136-7-8. The loyal governors of 
 Ohio, Indiana, Pennsylvania, Massachusetts and New York ofiered men to 
 suppress the rebellion. Several northern merchants oflfered money to the 
 government to suppress the rebellion. This shows that there was a great 
 party in the north in favor of war as they were made to believe that it 
 would last but a few months. Though the authorities knew better as 
 Congress had empowered the President to take possession of Railroads and 
 Telegraphs. Acts were passed for increasing the army and navy. 
 
 -The leaders of the rebellion wished also to delude the people, and in- 
 duce them to go to war. The Southern orators told their people that 
 there would be no war. That they would be willing to drink all the 
 blood that would be shed. — Lost Cause, p. 139. 
 
 They said " the Yankees would not fight; that cotton was king; that 
 France and England could not exist without cotton ; that they would have 
 to aid the South." — Lost Cause, p. 133. So the leaders, both North and 
 South held out a cheap termination of the war — both deluded the people. 
 On the 34th May, the Federal Army occupied Alexandria and the Rebels 
 fell back upon Manassas Junction. The Radical politicians wanted to hurry 
 
114 CIVIL GOVERNMENT OF THE STATES. 
 
 on the war. They even charo;ed Lincoln and his cabinet and General Scott 
 with conniving with the "Rebels." In the meantime Scott got a large 
 army on the Potomac. General Beauregard, with much bravado, said they 
 could easily whip the Yankees — that Scott's army on the Potomac was an 
 armed mob. — Lost Cause 138-9. 
 
 General Butler, who commanded in Maryland, held that all fugitive 
 slaves, who came within his lines were "contraband of war," and declared 
 them free ; this was a step towards emancipation. 
 
 The Northern press now assumed the right to dictate the manner 
 of conducting the war. They claimed the right to dictate to Gene- 
 ral Scott and General McOlellan, the latter being in command of 
 West Virginia. On the 33d June, 1861, Pierpont called the new con- 
 stitutional Legislature of West Virginia. On the 33d June, 1861, General 
 McClellan issued his proclamation announcing the course he would 
 pursue towards the loyal and those who were found in arms. — Headley 
 vol. 1, p. 93. The Radicals raised the cry of "on to Richmond" and 
 forced the army to move south. The Union army was . defeated at the 
 buttle of Bull Run. The defeat at Bull Run was caused by the Radical 
 press and Congressmen dictating to generals in the field. Many Congressmen 
 left Washington to see the fun but they were forced to make a hasty retreat 
 back to Washington. At the battle of Bull Run, the N. Y. 69th Reg. (Irish) 
 under Col. Corcoran showed the world what Irish soldiers can do on the 
 field of battle. They proved to the world that the valor of Irishmen on the 
 battle field, all over the world, is a historical fact. The 1st Reg. Minn. Vols, 
 commanded by Col. W. A. Gorman fought well. Yet, notwithstanding the 
 bravery of Shields, Mulligan, Corcoran and Meagher, and W. A. Gorman 
 and of the thousands of Irish soldiers who fought in the Union army, the 
 Radicals did not want to promote Irishmen. No Irish need apply ! They 
 wanted all for their own party, civil and military ! Had the secretary of war 
 sent troops which were kept around Washington to the aid of McDowell he 
 would have driven the Confederates from Manassas. The leading " rebels " 
 would have been taken and the back bone of rebellion broken. Then by 
 timely conciliation and compromise and a general amnesty the war would 
 have been ended, but the Radicals did not want peace. They did not want 
 the constitution and Union of Washington. They wanted a Union and con- 
 stitution without slavery — for they had for years denounced the constitu- 
 tion and the Union as a " league with death and a covenant with hell." 
 
 The New York Tribune said, January 36th, 1862 : 
 
 "The nation is fighting for life — though all the paper constitutions on 
 earth be scattered to the winds we can honestly say that, for the old Union, 
 which was kept in existence by southern menaces and northern concessions, 
 we have no regrets, and no wish for its reconstruction. Who wants any 
 Union which can only be preserved by systematic wrong and organized 
 political blunders ? Who wants any Union which is nothing but a sentiment 
 to decorate Fourth of July orations with ? 
 
 Now that the Radicals had the power of the Pre.=!ident, the Congress and the 
 army and the navy at their backs, they were determined to throw off the mask 
 and display their true characters. They said there could be tolerated but one 
 p^rty and that was the party that supported Lincoln ; all others were to be 
 put down by force. They told the country that the rebellion could be put 
 down in sixty days by means of the great Anaconda, with its head at Portress 
 Monroe and its tail at Winchester, that this great monster could soon anni- 
 hilate the rebellion. That there were thousands of union men south 
 watching for the advance of the union forces to join the north! That, we 
 would have a united north and a divided south. That all who opposed 
 
CONSTITUTIONAIi HISTOBT OF UNITED STATES. 115 
 
 them should be denounced, persecuted, and imprisoned — two thousand 
 were kept in duress vile without a charge being preferred against them 1 
 On the 36th July, 1861, McClellan was called to Washington to take command 
 of the army of the Potomac. About this time Fi'emont had returned from 
 Europe with arms, and was put incommnnd of the western department, with 
 headquarters at St. Louis. When McClellan took command of the army 
 he found the troops around Washington in a state of perfect demoralization 
 — it was an armed mob. The bar rooms in Washington and other cities 
 were crowded with officers in full uniform without the least idea of military 
 discipline. The idea of military subordination seemed a disgrace to those 
 who volunteered. They could not appreciate such a thing as a military 
 superior, — this feeling was displayed and shared by the soldiers. (Headley 
 vol. 1, p. 125.) General Fremont assumed command of the western de- 
 partment. He appeared with the pomp and power of an Eastern Satrap. 
 On the 10th of August 1861, he issued a proclamation declaring martial law 
 in Missouri: asserting that his lines extended from Leavenworth to Cape 
 Girardeau on the Mississippi. That the property real and personal of all 
 those who took up arms against the United States should be confiscated and 
 their slaves set free. This measure was prompted by the abolitionists as a 
 feeler to find if the people were ready for emancipation. For the adminis- 
 tration was carefui to keep back their feal object until the minds of the 
 people were prepared by northern orators and the press for final emancipa- 
 tion. This move of Fremont was premature, as the bulk of the northern 
 people thought that the war was for the Union and not for the abolition of 
 slavery. The administration was not yet prepared for Fremont's procla- 
 mation ; so his proclamation was disavowed .and overruled. Fremont 
 showed his utter unfitness for his military command. He had refused to 
 reinforce Colonel Mulligan, though he had a large force at his command, 
 but he let him be captured at Lexington, Missouri, by a superior force. Yet 
 Mulligan fought with great bravery. When called upon to surrender, he said : 
 
 "If you want us you must take us." — Lost Cause 163-4-5. Fremont proved 
 a complete military failure in Missouri, and orders were sent from Wash- 
 ington for his removal and for the appointment of Hunter in his place. 
 Fremont did not want to obey this order for his removal ; but finding him- 
 self unsupported by Sigel and Ashboth he had to yield to the authority of 
 the administration.— Lost Cause pp. 166, 167, 168. 
 
 Congress had appointed a committee to clear the public offices on charges 
 of treason. Men in every part of tlie North found themselves suddenly 
 arrested, and without the form of trial hurried to prison. No writ of 
 Habeas Corpus could reach them. The bayonet was stronger than the order 
 of the court. Men began to look aghast, and began to speak of the Star- 
 chamber, httres de cachet of France. Secret informers lurked everywhere, 
 newspapers were suppressed and a reign of terror and of despotism inaugu- 
 rated. The confiscation of rebel property was proclaimed through the 
 press. The government was not disposed to exchange prisoners of war. 
 But Davis told them he would imprison man for man and that he would 
 hang man for man. The Lincoln administration had to yield and exchange 
 prisoners. This was a recognition of the confederacy as a "lelliffermt 
 power." The Republican newspapers lauded McClellan to the skies. They 
 called him "the young Napoleon." On the 36th of August, 1861, an ex- 
 pedition sailed from Fortress Monroe, and on the 38th arrived before Hatteras, 
 and that fort fell into the hands of the union army. This was considered 
 by the North as a great victory over the "rebels." France and England 
 were very sensitive under the blockade and it was thought that they would 
 demand its abandonment the next spring. 
 
116 CIVIL GOVERNMENT OF THE STATES. 
 
 On the 8th of November 1861, Captain Wilkes of the United States sloop- 
 of-war San Jacinto, overhauled the English Mail steamer Trent and demand- 
 ed the surrender of two confederates. Mason and Slidell, who were on aa 
 embassy to the courts of England and France. They were taken by force 
 from the steamer. England displayed her usual bluster and demanded of 
 the authorities at Washington prompt reparation. Earl Derby notified the 
 English vessels that war with America was probable. The government of 
 England made rigorous preparation for war — reinforcements were sent to 
 Canada and the country fortified along the frontiers. 
 
 Meantime Captain Wilkes received due praise from the Secretary of the 
 navy. He received public thanks from Congress. Gov. Andrews of Massa- 
 chusetts said "that that was one of the most illustrious services that had 
 rendered the war memorable." " The New York Times said, "consecrate 
 an other 4th of July to him." It was thought that the with England 
 was inevitable. But neither Lincoln nor Seward had back-bone enough to 
 go to war, and after all this bluster of Congress and the press. Mason and 
 Slidell were given up to England. Oh, if we had then a Jackson ! Great in- 
 dignation was felt, when it was announced that the Nashville had arrived 
 in England, with the crew of the Harvey Birch, an American merchant ship 
 which the Nashville had burnt at sea. The English authorities would not 
 allow the Tuscarora which had pursued the Nashville to sail the same time 
 as the latter, but was delayed by British authorities, until the Nashville had 
 34 hours the start of her. Many Americans wished for peace at home, that 
 they might have an opportunity to make war on England. — Headley vol. 1. 
 pp. 210-11. 
 
 Lincoln's Message, December 3, 1861. 
 
 The following is an extract from Lincoln's message, December 3, 1861, 
 on his policy on tlie Slavery Question and the object of the war. 
 
 Confiscation of Rebel Property. 
 
 ' ' Under and by virtue of the act of Congress entitled, ' ' An act to confis- 
 cate property used for insurrectionary purposes," approved Aug. 6, 1861, 
 the legal claims of certain persons to the labor and service of certain other 
 persons have become forfeited, and numbers of the latter, thus liberated, 
 are already dependent on the United States, and must be provided for in 
 some way. Besides this, it is not impossible that some of the states will 
 pass similar enactments for their own benefit respectively, and by operation 
 of which persons of the same class will be thrown upon them for disposal. 
 In such case I recommended that Congress provide for accepting such per- 
 sons from such states according to some mode of valuation, in lieu pro 
 tanto, of direct taxes, or upon some other plan to be agreed on with such 
 states respectively : that such persons, on such acceptance by the general 
 government, be at once deemed free, and that, in any event, steps be taken 
 for colonizing both classes (or the one first mentioned, if the other shall 
 not be brought into existence,) at some place, or places, in a climate con- 
 genial to them. It might be well to consider, too, whether the free 
 colored people already in the United States could not, so far as individuals 
 may desire, be included in such colonization." We see that Mr. Lincoln 
 changed his policy in the short time from the 4th of July to the 3d day of 
 December. He said in his message in July that the object of the war was 
 for the Constitution and the Union. Was there any thing in the Constitu- 
 tion justifying Mr. Lincoln to accept human beings in lieu of direct taxes? 
 Nothing, whatever. It was this message, as well as the last, that extin- 
 guished the embers of hope which still lingered in the hearts of 
 the Union men of the south. Now they saw that the war would 
 
CONSTITUTIONAI, HISTORY OP XINITED STATES. 117 
 
 be used for conflscation and emancipation — consequently thousands 
 •who were good Southern men joined the Confederate army. In the North 
 many of the Democrats got dissatisfied with Lincoln's policy and refused 
 to volunteer. The cry was, "the Republicans have begun the war 
 — they have refused to compromise with the South, let them do 
 the fighting themselves. Hence the fierce opposition to Mr. Lincoln. 
 But the Republicans denounced all who refused to endorse Mr. Lincoln 
 and his party. He had a divided North and a divided South. Many of 
 the Northern Demoojats when they enlisted in 1861, thought that it 
 would be a good thing to colonize the Africans. That the agitation of 
 slavery had been the cause of trouble and excitement, and in order to get it 
 out of politics and for the peace of the country they were willing to have 
 the Negro in some country by himself. The soldiers caught up the same 
 idea and were willing to violate the Constitution on this point alone. So 
 Mr. Lincoln found favor with many, as they did not dream that he would 
 go so far as to issue a wholesale proclamation for the emancipation of all 
 the slaves in the South. He carried out his policy by "a little to-day 
 and a Ijttle to-morrow." He kept up pace with public opinion; and if he 
 found that he had got ahead of public opinion he took the back track 
 until the times changed. In the meantime the press of the country, of the 
 Republican stripe, was busy moulding public opinion in favor of Emancipa- 
 tion, paper money, high tans', and monopoly. The Republicans did 
 not care for the welfare of the Negro as they did to weaken the power of 
 the people of the South, who always were for free trade. The Republicans 
 with great force made it a point to impress on the minds of the people that 
 Lincoln was honest. That his motives were pure. This was believed by 
 many, even by democrats. But, still he was for his party first and last. 
 
 Mr. Lincoln in his message, never mentioned peace, for he well knew 
 that the Republicans did not want peace, for they wanted to enrich them- 
 selves by the war and the misfortunes of the country — they were willing to 
 sell their country for gold and office. Radicals in Congress at the session 
 of 1860-61, passed resolutions that the war was to be prosecuted for the 
 union and constitution alone; that the administration did not want to in- 
 terfere with slavery in the states ; now having a large ariliy and navy they 
 said that the "Rebels" had lost all rights by their rebellious acts. That 
 slavery should be abolished and if necessary the Southern States should be 
 reduced to territories, to be settled by Northern immigrants. That South 
 Carolina should be made a Colony for freedmen. At this session of Con- 
 gress the Republicans passed a bill for abolishing slavery in the District of 
 Columbia and in the territories. They appropriated $100,000,000, to be 
 put in the hands of the President to compensate the owners of slaves in the 
 District of Columliia. Some of the western members, when they arrived in 
 Washington, were loud in their denunciation of McClellan, for not moving 
 on the enemy — they denounced what they called his "masterly inactivity." 
 It seemed certain that the Radicals were forming a party against him for he 
 would not adopt the Lincoln policy. McClellan's friends asserted that 
 wherever he moved his army that his plans were divulged to the enemy. 
 Suspicion fell on persons in high station — on the authorities. The secretary 
 of war was also blamed, and not without good cause for he wanted to defeat 
 every democratic general. — Headley vol. 1, pp. 210-11. He feared that 
 McClellan would take Richmond and that the democratic party would get 
 into power. Tlie Republicans had a n.ania for office and plunder. They 
 would not give up power, cost what it would, for the abolitionists never 
 before had control of the government, and now having control they had no 
 scruples to prevent them from trampling on the constitution which they had 
 
118 CIYIL GOVBBNMBNT OP THE STATES. 
 
 always denounced as a "covenant with hell." And as for the Federalists 
 of the Republican party they had opposed the constitution from the begin- 
 ning, and only wanted an opportunity to abolish it and adopt the British 
 Constitution, so-called. At the session of Congress 1861-62, the Radicals 
 held that as slavery was the cause of the war it should be abolished. The 
 politicians were so much exasperated against McClellan that nothing but 
 "unqualified victory" could save him from ruin. 
 
 The administration resorted to the most extraordinary modes of warfare 
 for putting down the rebellion. A number of old vessels loaded witli stone, 
 were sunk in Charleston harbor, to make the blockade more complete. 
 England remonstrated, but Mr. Seward informed the British authorities- 
 that the English blockade runners with contraband goods on board, had 
 entered Charleston harbor since the sinking of the stone fleet. — Headley vol. 
 1, pp. 226-7. — The members from the border states, in Congress wished to 
 maintain the Union and put down the rebellion ; but they differed' mate- 
 rially from the Republican party in the manner of putting it down. For 
 they did not want to interfere with Slavery, but to let it alone and to put 
 down the rebellion by foice of arras — to maintain the constitution and the 
 Union unimpaired. But the Radicals insisted that slavery should be de- 
 stroyed, that the abolition of slavery should keep pace with the advance of 
 the army. 
 
 Lincoln sent a message to Congress making a proposition to the border 
 states for purchasing their slaves. He said that if they did not accept his 
 proposition that they would have to lose their slaves. This strengthened 
 the power of Jeff Davis as the union men of the south saw that the object 
 of the war was the abolition of slavery. This proposition weakened the 
 power of the authorities at Washington. The old Federalists who, from 
 the days of John Adams and Hamilton, were trying to mould the govern- 
 ment after the model of the British constitution, now had an opportunity to 
 indulge in their favorite scheme of copying from England. This Congress 
 passed an income tax. Acts for issuing United States notes and bonds were 
 passed. Congress made these notes "legal tender," in violation of the 
 constitution which provides for the payment of debts in gold and silver. 
 A. S. Johnson with a rebel force occupied Kentucky with his right wing 
 at Bowling Green and his left at Columbus. The Richmond papers urged 
 him to cross the Ohio and capture Cincinnati and carry the war into Africa. 
 A large force of Federals had been collected at Paducah, at the mouth of 
 the Tennessee river, which penetrated into Alabama and Tennessee with 
 nothing to protect it but Fort Henry. The Cumberland river was still 
 more important as the avenue to Nashville. But the capture of Fort 
 Donelson compelled the Confederates to fall back from Bowling Green to 
 Murfreesboro, abandoning both Nashville and the Cumberland river. 
 
 The South was doomed to experience the fall of island No. 10, and the 
 northern generals with the gunboats had command of the upper 
 Mississippi. The fall of Shiloa'h or Pittsburg landing still contracted the 
 rebel lines. But the southern leaders held that this only gave them 
 strength as it weakened the northern forces by running them farther from 
 their base of supplies. The southern press endeavored to make the people 
 of the south think that every defeat was a victory. But the fall of New 
 Orleans, the great commercial city of the south filled the southei'n mind 
 with gloom and despair. This could not be called a contraction of lines or 
 a change of base. It was a sad aft'air for the south ; for the people north 
 and south knew that this was. a vital point. They remembered that the 
 British made a great effort to CRpture it in the war of 1 812. That the defeat 
 of Pakenham had immortalized General Jackson. That the battle of New 
 
CONSTITUTIONAIi HISTORY OF UNITED STATES. 119 
 
 Orleans had been celebrated the same as the fourth of July. So that the 
 ingenuity of the Confederates could not satisfy the people of the south that 
 the fall of New Orleans was a military stratagem. This broke the rebel 
 power in Louisiana, Texas, and the Gulf States — closed the access to the 
 grain and cattle country of the south. This gave the Union army a new 
 base of operation and had the effect to shake the confidence of European 
 powers in the fortunes of the confederacy. It closed the port and prevented 
 them from shipping off their cotton and getting supplies. General Burnside 
 captured Roanoke island, January 1863, with a iieet of sixty vessels. This 
 capture was the first to create public, censure towards the Richmond authori- 
 ties. — Lost Cause p. 213. The rebels fell back on all sides — an actual inva- 
 sion of the ! ' sacred soil " had taken place. — Lost Cause p. 315. Immediately 
 after these great victories the abolitionists threw off the mask and through 
 the press commenced to pave the way for the attainment of their favorite 
 idol, the abolition of slavery. 
 
 Mr. Seward said, in the senate, before Lincoln's inauguration. ' ' Experience 
 in public affairs has confirmed my opinion that domestic slavery existing 
 in any state is wisely left by the constitution of the United States, ex- 
 clusively, to the care, management and disposition of the states, and if 
 it were in my power I would not alter the constitution in this respect." 
 But he did not mean this ; he was not sincere ; for the Republicans did not 
 want to disclose their ultra plans of final abolition in the states. The 
 army had obtained several important victories in the field. Although the 
 President had nullified Fremont's proclamation freeing slaves in Missouri 
 now as public opinion had favored General Hunter's proclamation, proclaim- 
 ing martial law in Georgia, South Carolina, and Florida and freeing the 
 slaves therein which Lincoln also nullified, for he wished to crush the re- 
 bellion first and slavery afterwards. ^ — Headleyvol. 1, p. 333. Even, in 1861, 
 the leading abolitionists showed that they intended to abolish slavery when 
 clothed with power, for in 1861, Lovejoy offered a resolution in Congress 
 " that it was no part of the duty of a soldier to capture and return fugitive 
 slaves. An act was passed confiscating slaves found in arms against the 
 government. In 1862, Senator Bright of Indiana, was expelled in a most 
 shameful manner from the senate. The Republicans, having now a two-third 
 vote, in consequence of the southern members leaving the Halls of Congress, 
 determined to inaugurate a reign of terror and expel democrats from 
 Congress, who opposed their revolutionary schemes or who commented on 
 the gross system of frauds, corruption, and plunder. 
 
 Lincoln now disclosed his plan for emancipation — his friends in Congress 
 passed a resolution declaring that the United States would co-operate 
 with such States as would gradually abolish slavery (Act March 6, 1862) 
 by giving them pecuniary aid, August 28, 1863. Greeley addressed a 
 letter to Lincoln, through the Tribune, to abolish slavery; that if the 
 rebellion was crushed out to-morrow, within a year it would be in full 
 vigor if slavery was not abolished. Greeley vol. 2, p. 349. Lincoln held 
 back his emancipation proclamation for some time for fear that the 50,000 
 soldiers in the Union army from the border states would go to the South. 
 Greeley vol. 2, p. 253. On the 22d day of September 1862, he issued a pro- 
 clamation that the slaves of all rebels would be emancipated Jan. 1, 1863. 
 He wanted the success of the Union army before issuing his proclamation ; 
 he wanted also to wait the result of the fall election. Lincoln's war policy 
 and the ill, treatment of McClellan gave the Democracy majorities in New 
 York, and New Jersey. The Republicans lost strength in Penn., Ohio, 
 Indiana, Michigan and Wisconsin. — lb. 254-5. The majority at the North 
 was opposed to changing the war for the Union into a war for the Negro. 
 
120 CIVIL GOVEKNMBNT OF THE STATES. 
 
 A majority was in favor of peace and compromise aud against emancipa- 
 tion.— Greeley vol. 3, p. 354-5. 
 
 The Confederate Congress passed a conscription law April 16, 1862. It 
 drew all citizens between the ages of Eighteen and Thirty-five from state 
 control and put them under the Confederate authorities. — Lost Cause 320-21., 
 This seems strange of the southern leaders, who had for years, denounced 
 all who interfered with state-rights. They seceded from the Union because 
 they asserted that Lincoln would violate state rights by abolishing slavery: 
 now they themselves struck down the most sacred of state rights for they 
 took from the states all control over the state militia. 
 
 Lincoln knew that the people were attached to state-rights. That they 
 would not like to see them violated. For this purpose he said in his 
 message that the people should not be too scrupulous about ^^ state^ights," 
 as the union was older than the states. That the union made the states. 
 He intimated that the state governments might be abolished to save the 
 union. This was done to pave the way for future Radical reconstruction ! 
 For a long time before the election of Lincoln the Republicans quoted Jef- 
 ferson for the purpose of gaining recruits from the Democrats. Now, when 
 they wanted to violate the constitution, they claimed the right to put down 
 the rebellion by the right of conquest. They quoted from Vattel,- and 
 other writers on the law of nations. They considered the rebels in the 
 union for the purpose of reducing them under the jurisdiction of the Fed- 
 eral authorities, and outside of the union and constitution for the purpose 
 of confiscating their property by the laws of war; in the same breath they 
 treated them as citizens of the United States and alien public enemies. They 
 now held that the President could dispense with the constitution and govern 
 the country by the laws of war and the law of nations. The Republicans 
 violated every sacred guarantee of the constitution, both in the rebellious and 
 free states. A great battle was fought between the Merrimac and the 
 Monitor which revolutionized the naval afEairsof the world. The "rebel" 
 Merrimac would have sunk many of the nothern vessels if she had got to 
 sea, which was only prevented by the timely arrival of the little Monitor. 
 Complaints were made against the secretary of the navy for not providing 
 against the Merrimac. For the government knew all winter that she was 
 building a month before she made her appearance. Some French officers 
 who visited her had pronounced her formidable. This great conflict 
 between the Merrimac and ^oreiior produced a profound sensation in Europe, 
 especially in England. Her wooden walls vanished in a day. — Headley 
 vol. 1. p. 300-1. 
 
 Grant failed in his Belmont expedition. He also failed in not coming up 
 to reinforce Rosecrans at the battle of luka. Had he rendered the nec- 
 essary aid to Rosecrans at that time he could have captured the rebels. 
 But he failed to come up until next day ; and Price was able to escape and 
 fall back into the interior. — Headley vol. 3, p. 95. Grant made another 
 blunder. at the battle of Pittsburg Landing; he failed to be on the field of 
 battle in time to form his men. The Union army would have been driven 
 into [he Tennessee River only for the death of the confederate general 
 Johnson, and the bravery of General Sherman and the timely arrival of 
 General Buell. 
 
 General Grant made a great mistake in marching his army on the west 
 side of the Tennessee River before he formed a junction with Buell's corps, 
 which was crossing the country from Nashville, while Johnson was at 
 Corinth, having water and rail communication with New Orleans and 
 Mobile and the entire south to reinforce him. On the 4th of April, Johnson 
 moved his entire army to attack Grant on Saturday, but in consequence of 
 
CONSTITUTIONAL HISTORY OF TJNITBD STATES. 131 
 
 the muddy roads he was not able until Sunday morning. The Union, army 
 was surprised and Prentiss with SOOO men taken prisoner, and the whole 
 army would have been driven panic-stricken into the river but for the 
 bravery of Gen. Sherman. 
 
 , There was no one on the field of battle to form a line — each general had„ 
 as much as he could do to take care of his own division, as Grant was at 
 this tinis at Savannah several miles down the river, when the battle begun. 
 This (vas a stupid blunder. Had any Democrat, who was not friendly to 
 Lincoln's administration or war policy, committed such a blunder he would 
 have been court-martialed. The Union army which stretched, in the 
 morning, in a semi-circle of over six miles, was in the evening compressed 
 within a circle of half a mile, — one more push would drive them into the 
 Tennessee River. "Oh! that Buell or night would come!" was the most 
 earnest wish of the Union oflacers. The whole army was on the brink of 
 ruin and annihilation, when Buell's cavalry appeared on the opposite brink 
 pf the Tennessee River. Buell's presence turned defeat into victory. The 
 Union army now became triumphant and the whole Mississippi valley was 
 saved from falling into the hands of the Confederates ! Headley vol. 1, pp. 
 339-40-41-2-3-4^5-6-7-8-9 ; 350-1-2. 
 
 Grant's stupendous blunder was unpardonable in moving his army across 
 the Tennessee River before he had formed a junction with Buell as he 
 might have known that Johnson would move his army on him from Corinth. 
 As we have said before^ he would have been able to attack Grant on Satur- 
 day but for the muddy roads, and he would have defeated him before Buell 
 could come up. What a stupid act this was for Grant to remain behind at 
 Savannah. But thanks to Sherman and Buell for the Union victory of 
 Shiloh. Yet we find that the Radicals persecuted the same Buell who 
 saved the Union soldiers from meeting a watery grave in the blue waters of 
 the Tennessee River. And what for ? — because he was a Democrat and would 
 not worship Lincoln's policy;" for Lincoln and' his administration we!re 
 intent on sacrificing one way or an other all generals who differed with 
 them or who would not yield to their sole opinion. Grant kept his mind 
 to himself, so that he might be able to please both parties. Corinth was 
 evacuated on the 30th of May, 1862, and on the 7th of June the Confederates 
 fell back on Tupelo. — Lost Cause, 320-31. After the fall of Corinth the 
 Confederates evacuated Memphis. 
 
 While the country was deluged in blood, Butler had a fine harvest of 
 ' ' spoons," in New Orleans. He reigned more like a monarch than a general 
 of a RepubUean army. He practised with some show of success the example 
 of the Mexican Generals. He issued orders to his soldiers to insult southern 
 women, citizens were arrested and cruelly confined with ball and chain. 
 Mayor Monroe was confined in Fort Jackson — a woman was confined at 
 Ship Island for laughing while a soldier's funeral was passing. While Butler 
 was in New Orleans hurling orders at women he could have captured Port 
 Hudson and Vicksburg — saving thousand of lives and millions of dollars. 
 He was so covetous for money that his brother traded with the rebels for cot- 
 ton — thus making his own brother his agent. 
 
 Butler had created such a reign of terror in New Orleans, that he was 
 obliged to be always surrounded by his body guards. Such was the reign 
 *of terror inaugurated by the least that the Louisiana soldiers went into 
 'battle shouting "remember Butler." — Butler had a sign in his office in the 
 'St. Charles Hotel, with the following inscription: "A she-adder bites 
 worse than a male-adder." — Youth's Historical War, p. 184. See Youth's 
 History of the Civil War, pp. 183-3.— Greeky's Am. Conf. vol. 3, pp. 105-6. 
 The misfortunes and defeats of the Confederates were somewhat alleviated 
 
133 CIVIL GOVEKNMENT OP THE STATES. 
 
 by the great victories of Stonewall Jackson in the valley. He made himself 
 famous by his victories in Virginia ; he defeated Banks, captured all his 
 commissary stores and ordnance. 
 
 CHAPTER XV. 
 
 Congress now held that the constitution was played out; that there 
 should be no other power but the will of "the powers that be," at Wash- 
 ington! General Halleck was appointed commander-in-chief of the army 
 of the United States ; he was only a mere Lawyer, who had no experience 
 in military affairs. Lincoln's cabinet had no men of military experience. — 
 Greeley's Am. Conf. vol. 1, 501. He was not competent to drill a 
 company of soldiers, but he was a strong supporter of Lincoln's policy. If 
 any one wanted promotion in the army it was necessary to coincide with 
 ' ' Lincoln's policy ;" any democratic general who was firm enough to oppose 
 "Lincoln's policy," was sacrificed. Such was the case with Buell, McClellan, 
 Porter, Rosecrans and Shields. General Shields, the Sarsfield of America, 
 was the only man who whipped Stonewall Jackson : he was an old veteran, 
 who won immortal fame ou the battle fields of Mexico, and in the war in 
 Florida under General Jackson, fighting against the Indians. — But he was 
 not a Lincoln man — that was enough! The Republicans claimed that the con- 
 stitution was played out ; indeed military governors were appointed for North 
 Carolina, Tennessee and Texas, July 31, 1862. John S. Phelps was ap- 
 pointed military governor of Arkansas. A Bill was passed confiscating 
 rebel property, July 17, 1863. Another act was passed to suppress insur- 
 rection and to punish treason and rebellion. At this session the Writ of 
 Habeas Corpus was suspended. A bill was introduced for the employment 
 of Negro soldiers. Indeed very little was done at this session of Congress 
 but legislating against slavery; passing tariff laws; and increasing the 
 war power of the President. July 1, 1863, Congress passed a revenue law 
 which greatly added to the power and patronage of the party by creating 
 an army of officials. On May 30, 1863, an act was passed increasing the 
 powers of the secretary of war. May 31, 1863, an act was passed for the 
 education of colored children of the district of Columbia. This act caused 
 great excitement at the north; for it could not be called a military neces- 
 sity. For it was not pretended that it helped to put down the rebellion. 
 It was evident that Congress had now assumed unlimited powers— not con- 
 trolled by the constitution or the traditions of the founders and fathers of 
 the constitution. 
 
 June 5, 1863, an act was passed to appoint a minister to Hayti. This was 
 the first, time that the Federal government had recognized the government 
 of that island. This caused great displeasure North and South. In the 
 North all unconstitutiouiil acts weakened the power of the authorities of 
 Washington: while at the South it drove thousands of union men into the 
 confederate ranks. 
 
 June 7, 1863, an act was passed for collecting taxes in the rebel states. 
 June 19, 1863 an act was pas.sed for al)olishing slavery in the territories. This 
 was the old bone of contention. For tliis question had agitated the country 
 for years. It was tlie great issue \a 1860. 
 
 Feb. 25th, 1862, an act was passed for issuing notes and for the funding 
 of the public debt. 
 
COSSTITUTIONAIi HISTORY OF UNITED STATES. 13B 
 
 An act was passed March 6th, 1863, requiring an oath of allegiance and to 
 support the constitution of the United States to be administered to the 
 masters of American vessels. 
 
 May 15, 1862, Congress passed an act for the establishment of the depart- 
 ment of agriculture. The Radicals intoxicated with power, became wild 
 and reckless. They were not restrained by the constitution of the United 
 States nor the welfare of their common country ; they were ready to 
 sacrifice all patriotism and the welfare of their country on the altar of party 
 politics. Every thing was sacrificed for the Chicago platform. For some 
 time, they had been, with great ingenuity, construing the constitution by 
 implication and intendment, but now they openly declared that the consti- 
 tution was "played out." They fell back on the law of nations and the 
 laws of war. They even said that they would trample under foot the con- 
 stitution ! They said that they wanted a strong government. Indeed, all the 
 old arguments of the Federalists were resounded in the ears of the people. 
 "Have we a government or not," was the cry ! The Republicans, as already 
 stated, were determined to defeat McClellan for fear that if he should take 
 Richmond he would become so popular that he would be made President. 
 That the democratic party would get into power; that the Republicans 
 would lose for ever their darling object of'abolishing slavery everywhere. 
 filcClellan had to delay for many causes. He had to discipline his army, 
 which, when he took command, he found in a demoralized state. He would 
 be able to move sooner only for the intermeddling of the authorities at 
 Washington, who wanted to thwart all his movements for party purposes, 
 although when the war broke out they pledged themselves to the demo- 
 crats that all parties should be merged in the patriots. That there should 
 be but one party and that that party should crush out rebellion and main- 
 tain the constitution and the Union. But this was all a delusion and a 
 snare to gull patriotic democrats to enlist. This delay of McClellan gave 
 an opportunity to the confederates to recruit their forces and to fortify their 
 position. 
 
 Although the Confederates had lost many strongholds, that they held 
 frcm Yicksburg to Richmond, Stonewall Jackson held the valley, and 
 Lee was formidable at Richmond, with an army for offensive operation; 
 besides the Confederates had a large Trana-Mississippi army and many 
 strongholds on the coast. Charleston and Sumter were well fortified and 
 well garrisoned. McClellan's plan was to send an army to Charleston; an 
 other to Texas and another force to sail up the Mississippi from New Orleans 
 to form a junction with an army which was to move down the Mississippi 
 from Cairo; another army was to move through Kentucky, Tennessee and 
 Georgia to the sea; while his own army was to move on Richmond by way 
 of the James. See report of Gen. McClellan to the Secretary of war. This 
 was an admirable plan and the one after several blunders, which was adopted 
 by Grant. But these plans were marred bj the authorities at Washington, 
 for they wanted to defeat him. He had to disclose his plans to the Wash- 
 ington officials, who had now assumed the complete control of the move- 
 ments of the army. These plans were made known through the Northern 
 press. The Confederates profited by this information; as they were 
 apprised of all McClellan's movements. Lincoln ordered McClellan to ad- 
 vance on the 33d of Sep., 1863. His army was divided into five army 
 corps and a mountain department, under Fremont, in western Virginia. 
 The President virtually assumed the duties and responsibilities of the 
 Commander-in-chief. McClellan called a Council of war. All but four 
 generals pronounced the movement unwise. But the President overruled 
 their decision and ordered McClellan to move at once. By this act Lincoln 
 
24 CIVIL GOVERNMENT OF THE STATES. 
 
 nd his Secretary of war took the grave responsibility of breaking up the 
 rell matured plans of General McClellan and his officers, disregarding the 
 ounsels of these officers, whom he had. put at the head of military affairs, 
 rho ought to know more about the movements of an army than mere civil- 
 ms and political generals who could not drill a company — who were froni 
 beir education unfit to judge of military matters, as well as officers learned 
 a the science and arts of war. For McClellan had experience in military 
 lattersfrom his education, as well as from his experience in the Mexican 
 ?ar, and his knowledge of European warfare, as he was one of the officers 
 etailed by the United States to inspect the mode of warfare practiced by 
 he Firench; English, Russians, and Turks at the siege of Sebastopol, 
 ^hile Lincoln, Stanton, and Halleck had no experience excepting what 
 jincoln had in the Black Hawk war among the western savages. 
 
 McClellan was defeated in consequence of the blunder of Stanton in not 
 ending McDowell to McClellan to close up his right wing. By this 
 ilunder Stonewall Jackson got into his rear and McClellan was forced 
 o fall back on his gunboats. Had McClellan had his own way of 
 onducting the war he could have taken Richmond and could have 
 rushed the rebellion. But the Radicals did not want the war over, for 
 hey were making vast fortunes by it, and as we have said before, they did 
 lot want to see the Democrats get into power. For they would sooner see 
 he south out of the union than see McClellan President of the United 
 States. Greeley blamed McClellan for favoring war with England, on the 
 Trent affair. — Greeley Am. Conf. vol. 1, 628. Lincoln took ten thousand 
 Qen from McClellan's command and sent them to Fremont in the mountains 
 if Virginia where they were not wanted. — Youth's History of the Civil War, 
 ip. 193-4-5. Lincoln feared for his own safety at Washington. McClellan 
 requently wrote to Tiim and Stanton for reinforcements. He told them 
 hat he would have to fight a superior force. Lincoln and Stanton, who wore 
 awyers without military education or experience, assumed to fight the 
 )attles of the country from their desks. — See McClellan's report to the 
 Secretary of war. They failed to send the desired reinforcements. Jack- 
 on slipped from Bapks and Fremont and got by McDowell into McClellan's 
 ear. Lee called on the available troops of Virginia commanded by Stone- 
 vall Jackson, Jeff Davis, Longstreet, Magruder, Hill and Ewell. — Greeley, 
 'ol. 2. pp. 132 to 154. 
 
 Immediately after McClellan's defeat on the Potomac, caused by the 
 )lunder of the traitor and villain Stanton in not reinforcing him, the Presi- 
 lent called out 600,000 men. Why did not the President call out 600,000 
 nen before the defeat at Richmond ? The people now began to realize the 
 iffects of the war ; real estates depreciated 50 per cent and all the necessaries 
 if life rose one hundred per cent. The people now awoke as from a dream 
 o behold the huge dimensions of the war which was brought on by the 
 Radicals and Fire-eaters ! The opposition to the administration increased, 
 or if was soon found that 600,000 men could not be raised by volunteering, 
 ,0 Congress passed an act giving additional bounties. Towns, cities and 
 counties gave bounties. Congress passed an act for drafting if the states 
 hould fail to fill up their quotas. Now the Radicals said that they would 
 lot sustain the war if the Union was restored with slavery! Greeley and 
 he governor of Massachusetts told the President that if he would issue a 
 )roclamation for the emancipation of the slaves, " that in such an event the 
 oads frohi Boston to Washington would be black with union soldiers. 
 This made the war one for the abolition of slavery ! 
 
 In order to put down all opposition, and to trample free speech under 
 oot and to inaugurate a reign of terror, the Radicals put the country North 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 135 
 
 and South under martial-law. It was made penal to discourage enlistments 
 a'nd persons were prevented from leaving the country ■without a passport. 
 The Provost Marshals reigned as petty despots and in some instances per- 
 sons were forced into the ranks of the army or drugged and then forced. 
 Secretary Seward had, some time previous, issued his order for the purpose 
 of preventing persons from leaving the United States without a passport. 
 In short, the administration became despotic ; in a few months the United 
 States Government which before Lincoln's election was the freest and best 
 in the world, now became the most despotic in the world — no person was 
 safe — private snspicion and party malice consigned thousands to prison, in 
 the free states alone without charge or trial ! 
 
 After the battle of Richmond, Pope superseded McClellan. Pope arrested 
 citizens for refusing to take an oath of allegiance. He banished thousands 
 from their homes for refusing to take an oath unauthorized by the Consti- 
 tution on mere frivolous complaints — even on mere suspicion. In 1863, the 
 Republicans were elated by means of the victories of the Union Army, and 
 now that the war spirit was on the increase at the north, they could drown 
 all opposition by the cry of ^^ rebel sympathizers.'" The war Democrats in 
 the army, having become accustomed to look upon every person south 
 outside of the union picket lines, as an enemy, were willing that anything 
 might be done to put down the rebellion — so that they could go home to 
 their families and friends. They gradually began to abate their love for 
 their southern brothers. They did not forget the Charleston Convention 
 nor the defeat of Douglas^for the southerners by running three candidates 
 helped to elect Lincoln. Many Democrats in the army, now became indif- 
 ferent to the rights of the South and did not care if the "peculiar insti- 
 tution " was abolished — moreover military commands, by general orders 
 from the war department were allowed to forage in Virginia, Georgia, 
 Florida, Alabama, South Carolina, Mississippi, Louisiana, Texas and 
 Arkansas, so from taking the property of "rebels " in one instance they did 
 not object to see the Negro set free. 
 
 The word abolitionists, which a few years before, was considered by 
 democrats as something infamous, was now treated with indifference. 
 This was what the other Republicans wanted. This was what Seward, 
 Greeley, and Lincoln wanted. Having prepared the minds of the army for 
 the ultimate abolition of slavery, strong party lines were now drawn in 
 Congress. The democratic party still claiming that the object of the war 
 should be the suppression of the rebellion and the maintenance of the con- 
 stitution and the union. Meantime tbe Republicans threw off all disguise 
 and set themselves to work to free the slaves in the southern states, while 
 the war extermination was at fever heat. As early as March 13, 1863, 
 Congress passed an act prohibiting the employment of union troops in re- 
 turning fugitives from labor to their owners. This was a violation of the 
 old fugitive slave law, which the Republican party never intended should 
 be enforced, for they had time and again mobbed those who claimed their 
 fugitive slaves. Evin before the war, they went so far as to break jails and 
 take those fugitives from the custody of the United States authorities. — 
 See act 1862. 
 
 The object of this act was to prepare the minds of the Democrats in the 
 army to sanction the abolition of slavery. 
 
 On the 33d September, 1863, Lincoln issued his first emancipation procla- 
 mation which was not to go into effect until .January 1st, 1863. For he 
 did not know what the people would think of it at the fall elections. In- 
 deed, Lincoln's policy was cocdemned at the fall elections: Seymour was 
 elected governor of New York. The tyranny of the administration was 
 
126 
 
 CIVIL GOTEENMBNT OF THE STATES. 
 
 londemned, and New York, New Jersey, Pennsylvania, Ohio, Indiana re- 
 )udiated the unconstitutional acts of the administration by electing 
 Jemocrats ! 
 
 The defeat of the Radicals was sorely felt — Seward, Blair and Smith were 
 n favor of withdrawing the emancipation proclamation, but Chase said that 
 he abolitionists, who had control of Congress, would not prosecute the 
 vat if the Union was reconstructed with slavery. That they would sooner 
 et the Union slide. He said that he had a letter from Sumner, Wade, Wil- 
 on, Fessenden, and Lovejoy to that efiect. That the issue was war for the 
 -bolition of slavery 1 
 
 This caused a bitter feeling at the north and the Republicans backed up 
 he policy with the sword. Lincoln now traded oflf fat offices, both civil 
 md military, to all who supported his policy: several leading apostate Dem- 
 )crats joined Lincoln for offices and army contracts. The age of corruption 
 md slavery now assumed gigantic proportions. The administration had 
 ecourse to the old Hamiltonian principles of bribery and corruption and the 
 lideous system of spies and informers. The Republicans copied everything 
 hat was wicked from England. The people who were now smarting under 
 lard times and taxation — having to pay one hundred per cent more 
 or clothing and other necessaries of life than before the war, were indig- 
 lant at the weakness and failure of the administration in putting down the 
 lebellion by this policy. They saw that the army was controlled by the 
 idministratioji composed of men, who were ignorant of all military affairs; 
 IS well as the mere " paper officers " greedy, ignorant, and inefficient who 
 veie to lead thousands of Union soldiers to be butchered ! The administration 
 if Congress had their favontes and political friends in positions where they 
 illed their pockets as speculators and contractors. 
 
 Lincoln, knowing that colonization was even popular with the Whigs and 
 aany Democrats, offered colonization as a step towards universal emancipa- 
 ion — it was indeed, a great stroke of policy. 
 
 An extract from President Lincoln's message December 1st, 1863, on the 
 ubject of the colonization of free Africans: "Applications have been made 
 o me by many free Americans of African descent to favor their emigration 
 pith a view to such colonization as was contemplated in recent acts of 
 Congress. Several of the Spanish American Republics have protested 
 gainst the sending of such colonies to their respective territories. Under 
 hese circumstances, I have declined to move any such colony to any state, 
 rithout first obtaining the consent of its government. Liberia and Hayti 
 re, as yet, the only countries to which colonies of African descent from 
 lere could go with certainty of being received and adopted as citizens; and 
 
 regret to say such persons contemplating colonization do not seem so 
 billing to emigrate to those countries as to some others, nor so willing as I 
 hink their interests demand." He held the following opinion on the 
 urrency, which shows how much the Radical party has drifted from the 
 rinciples held by Mr. Lincoln, in 1863. 
 
 "A return to specie payments, however, at the earliest period compatible 
 rith due regard to all interests concerned, should ever be kept in view, 
 'luctuations in -the value of currency are always injurious." 
 
 He then referred to his emancipation proclamation of 23d September, 
 863, and of the resolution for "compensated emancipation." , 
 
 "The proposed emancipation would shorten the war, perpetuate peace, • 
 isure the increase of population, and proportionally the wealth of the 
 Duntry. ' With these, we should pay all that emancipation would cost, 
 )gether with our other debt, easier than we should pay one other debt, 
 'ithout it." 
 
COKSTITUTIONAL HISTORY OF UNITED STATES. 137 
 
 "The plan is proposed as permanent Constitutional law. It cannot 
 become such without the concurrence of, first, two-thirds of Congress, and 
 afterwards, three-fourths of the states." 
 
 "In giving freedom to the slave we assure freedom to the free honorable 
 alike in what we give and what we preserve. We shall nobly save, or meanly 
 lose the last, best hope of earth. Other means may succeed; this could 
 not fail." 
 
 Comment is unnecessary. Before the war, the complaint of che South 
 was that the Lincoln party wanted to free the slaves, whenever it got into 
 power. The President said that they should take the last opportunity on 
 earth to abolish slavery — this, indeed, is the key-note of the opposition 
 of the peace democrats to the policy of the administration in con- 
 ducting the war for the abolition of slavery, and not for the Union. 
 Hence the grumbling of that portion of the democracy called copper- 
 heads. They wanted the war for the support of the constitution and the 
 union ! 
 
 We here find an issue between the Republicans and the democrats on the 
 war policy. The former wanted to use the war power for the abolition of 
 slavery, and the latter for the suppression of the rebellion, and the main- 
 tenance of the Constitution and the Union. This was the gulf which 
 divided the two parties. The Eepublicans denounced all who did not 
 accept this policy as traitors and copperheads. This even broke up the 
 Democrats into two factions, the war and peace Democrats. 
 
 December 16, 1863, Vallandigham, of Ohio, offered the following 
 amendment : 
 
 ^'■Sesohed — 1. That the Union as it was, must be restored and maintained 
 forever under the constitution as it is — the fifth article providing for 
 amendments included. 
 
 " 3. That no final treaty of peace ending the present civil war can be 
 permitted to be made by the Executive, or any other person in the civil or 
 military service of the United States, on any other basis than the integrity 
 and entirety of the Federal Union, and of the States composing the same, 
 as at the beginning of hostilities, and upon that basis peace ought imme- 
 diately to be made. 
 
 " 3. That the government can never permit armed or hostile intervention 
 by any foreign power in regard to the present civil war. 
 
 "4. That the unhappy civil war in which we are engaged was waged, 
 in the beginning, professedly," not in any spirit of oppression, or for 
 any purpose of conquest, Or subjugation, or purpose of overthrowing or 
 interfering with the rights or the established institutions of the states, but 
 to defend and maintain the supremacy of the constitution, and to preserve 
 the Union with all the dignity, equality, and rights of the several states 
 unimpaired," and was so understood and accepted by the people, and 
 especially by the Army and Navy of the United States; and that, therefore, 
 whoever shall pervert, or attempt to pervert, the same to a war of conquest 
 and subjugation, or for the overthrowing or interfering with the rights or 
 established institutions of any of the states, and to abolish slavery therein, or 
 for the purpose of destroying or impairing the dignity, equality, or rights 
 of any of the states, will be guilty of a flagrant breach of public faith, and 
 of a high crime against the constitution and the Union. 
 
 "5. That whoever shall propose, by Federal authority, to extinguish 
 any of the states of the Union, or to declare any of them extinguished, and 
 to establish territorial governments or permanent military governments 
 within the same, will be deserving of the censure of this House and of the 
 country. 
 
38 CIVIL GOTEBNMENT OF THE STATES. 
 
 ' ' 6. That whoever shall attempt to establish a dictatorship in the United 
 itates, thereby superseding or suspending the constitutional authorities of 
 he Union, or to clothe the President or any other officer, civil or military, 
 dth dictatorial or arbitrary power, will be guilty of a high crime against 
 he constitution and the Union and public liberty. — Cong. Globe 1862-63, 
 I. 104. 
 
 December 23, 1863, Mr. Vallandigham ofiered this resolution to restore 
 leace. 
 
 '■^Resolved — That this House does earnestly desire that the most speedy and 
 flfectual measures be taken for restoring peace in America, and that no time 
 lay be lost in proposing an immediate cessation of hostilities, in order to 
 he speedy final settlement of the unhappy controversies which brought 
 bout the unnecessary and injurious civil war, by just and adequate security 
 gainst the return of the like calamities in times to come ; and this House 
 [esires to offer the most earnest assurances to the country that they will, in 
 lue time, cheerfully cooperate with the executive and the states for the re- 
 toration of the Union by such explicit and most solemn amendments and 
 irovisions of the constitution as may be found necessary for securing the 
 ights of the several states ajfd sections within the Union under the consti- 
 ution."— Cong. Globe 1862-63, p. 165. . 
 
 For these resolutions and his speeches he was denounced as a traitor and 
 I copperhead. His name was known in, the land as the leader of what was 
 hen called copperheads. Any democrat who would either vote or speak 
 or him was called, in the army, a rebel. Indeed, any one who spoke of any 
 )ther peace but final and unconditional surrender, was called a traitor, 
 ^nytliing short of the rebels giving up their leaders and submitting at dis- 
 iretion was then called, by the Republicans, treason to the government ! To 
 rote the democratic ticket was called treason ! 
 
 December 9th, 1863. The bill to indemnify the President and other 
 )ersons for suspending the writ of habeas corpus being before the House, 
 he following debate took place. 
 
 Mr. Bayard: 
 
 "The President of the United States has asserted the right to dispense 
 vith the law which requires the habeas corpus to be issued in any case of 
 judicial arrest. He has claimed that right ; he has exercised that right. 
 Ee has openly, through the Secretary of war, issued a proclamation which 
 irirtually subverts this government, if carried out in practice ; because the 
 secretary of war is authorized to appoint an indefinite number of men, 
 ;onstituting a corps of provost marshals, who are to have the right, in 
 iddition to their military duties, to arrest any citizen throughout the 
 jountry for indefinite charges, and to call in military aid to sustain their 
 iction ; and they are to report to the central authority at Washington, 
 md hold the party in custody subject to the orders of that central 
 luthority. 
 
 " If the judiciary attempt to intervene, as in the case of the prisoner at 
 Port Warren, the bayonet of the soldier rejects the service^ of the writ 
 ipon the military commandant who has possession of the prisoner. The 
 judiciary, then, are powerless for redress; and under this asserted right 
 jn the part of the President, that the judicial department of the govern- 
 nent being powerless to redress individual wrong, if the legislative branch, 
 which is equally powerful with the executive, are not to interposeby 
 calling for the information, the facts, and by the expression of their opinion, 
 if it be necessary, when facts are returned to them, what protection has 
 the citizen against the aggression of executive power 2 _ How can the 
 o-overnment be a free government, where, when the judiciary is put at 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 139 
 
 defiance, the legislative unites in saying to the citizen, ' ' you shall have no 
 investigation; you may be arrested by officers unknown to the law, in- 
 definite in numbers, on offences unknown to the laws, not described, 
 for disloyal practices, which may mean anything that an executive 
 officer pleases. You may be arrested not only by the order of a func- 
 tionary at Washington, who, from his position, may be supposed to 
 have ability to exercise some discretion, but you may be arrested at the 
 discretion of any one of his subordinate deputies, and an investigation is 
 not to be made by any other tribunal than by an ex parte return made in 
 your absence, and without any power of investigation on your part, to the 
 central authority at Washington. If the proclamation of the 26th of 
 September be carried out, and taking the general facts that have 
 occurred as matters of history, that is the state of things and the power 
 claimed by the executive. Sir, I consider that power a subversion of this 
 government. " 
 
 "Clearly, it has nothing whatever to do with the war; it can have no 
 possible connection with the war, when we ask the President for the 
 evidence on which a man has been committed to prison." 
 
 " If we abandon our functions here of calling for evidence on which this 
 is done — this government is no longer a free goverment, it is simply a des- 
 potism in the hands of a bureau aristocracy at Washington." 
 ■ Mr. Clark: 
 
 "I hope that this resolution will be laid on the table. I hope that this 
 resolution, and all resolutions of a similar character, offered in this one body or 
 in the other, will not receive the sanction of either House of Congress." 
 
 Saulsbury : 
 
 "I am not here to ofler any excuse for any man who has raised his hand 
 against the constitution or government of the United States." 
 
 If any of the citizens of Delaware so act, let them be arrested according 
 to law, tried according to law, convicted according to law, and punished 
 according to law. But, sir, if citizens of a state are arrested and are 
 placed in the forts of your country, without any knowledge on their part, 
 or on the part of their friends, of the causes of their arrests, shall no voice 
 be raised in their behalf ? "—Cong. Globe, 1803-63, pp. 36-7-8-9. 
 
 Mr. Trumbull: 
 
 "My own views upon this subject have been expressed to the senate. I 
 have thought that these arrests, in the manner in which they have been 
 made, have been unfortunate and impolitic, to say nothing about the ques- 
 tion whether they were legal or illegal. Upon that question there is a 
 great diversity of opinion in the country. The better opinion, as has been 
 stated here to-day, among judges, and lawyers, and constitutional commen- 
 tators, surely is, that the writ of habeas corpus was never intended by the 
 constitution to be suspended except in pursuance of an act of Congress. 
 The courts have so held, judges have so stated, commentators have so 
 written, and not a commentator can he found, who has written on the 
 constitution before this rebellion, who ever disputed that proposition." — 
 Cong. Globe, 1863-63, p. 31. 
 
 Doolittle : 
 
 "Does not the senator from Kentucky know that we are at war; that the 
 whole country is at war, that the law of war is in operation in Wisconsin as 
 well as in Kentucky, in New York as well as in Mississippi ? " 
 
 Mr. Powell : 
 
 "The oath which hafe been required from many of these persons is not 
 simply an oath of allegiance but is far wider than that. I repeat again, if 
 I were arrested for an offence I would not purge myself by an oath." 
 
130 civil. GOVBBNMBNT OF THE STATES. 
 
 "I thought I understood what the laws of war were. All the laws of 
 war we have in this country are the Articles of war, which are statutes 
 passed by the Congress of the United States for the government of the army, 
 and those who are not in the land or naval service are not subject to. those 
 laws and articles of war." 
 McDougall : 
 
 " The military power of the government has required not only the oath of 
 fealty but also a special oath something in this nature : the party solemnly 
 swears that he will not hold the persons arresting him responsible for civil 
 damages at any future time." Mr. Doolittle. "I have never heard of 
 such a thing." 
 
 Mr. McDougall: " I will say then to the senator I am, I think, well ad- 
 vised that by direction of the war department such an oath was administer- 
 ed to a gentleman who was a candidate for representative from Iowa, who 
 was discharged. (His name, I think, is Mahony.) Mr. Mahony was an Irish- 
 man, the editor of the Dubuque Eisrald. He was arrested because the ad- 
 ministration feared that he would be elected to Congress — he was a Democrat. 
 They required that oath of him, and I am advised they required the same 
 oath of others. I aih well advised that the evidence of it is in the war 
 department." 
 
 Mr. Saulsbury: 
 
 "A gentleman residing in the town in which I live was arrested by mili- 
 tary authority and carried to Cambridge, Maryland; there the affidavits 
 were examined and he was released ; and he informed me that he was re- 
 quired to take an oath that he would not prosecute the persons who arrested 
 him."— Cong. Globe 186^-63, pp. 35, 36, 37. 
 
 Mr. Davis: 
 
 "The President of the United States has promulgated three of the most 
 extraordinary and startling edicts that ever originated with any man who 
 occupied the position of the chief Magistrate of a free people. They are 
 in the form of proclamations, dated the 22d and 24th of September, 1862, 
 and the 1st of January 1863; and he comes at- length to profess to issue 
 them by virtue of the power vested in him by the constitution, as com- 
 mander-in-chief of the Army and Navy of the United States, as a fit and 
 necessary war measure to suppress the rebellion." — Cong. Globe 1862-63. 
 p. 529. 
 
 It was said by senators and members of Congress and the leading Repub- 
 licans, in and out of Congress, that those who were arrested on suspicion 
 would have the prison door open if they took the oath of allegiance. The 
 Republicans appealed to the passions of those who had friends in tne union 
 army that all those who complained of false arrests were disloyal, in sym- 
 pathy with traitors— that it was no hardship for loyal men to take the oath 
 of allegiance. Although those who were arrested had to swear that they 
 would not prosecute those who arrested them. That the President should 
 be supported, that it would not do to arraign him for his acts, so long as 
 he was putting down the rebellion. That the arrests were done under the 
 war measure. 
 
 December 1st, 1862, Mr. Powell introduced the following joint resolution 
 in relation to illegal arrests in the United States. 
 
 Whereas, many citizens of the United States have been seized by persons 
 acting, or pretending to be acting, under the authority of the United 
 States, and have been carried out of the jurisdiction of the states of their 
 residence and imprisoned in the military prisons and camps of the United 
 States without any public charge being preferred against them, and with- 
 out any opportunity being allowed to learn or disprove the charges made 
 
CONSTITUTIONAL HISTOBT OF UNITED STATES. 131 
 
 or alleged to be made against them ; and whereas, it is the sacred right of 
 every citizen that he shall not be deprived of life or liberty without due 
 process of law, and when arrested shall have a speedy public trial by an 
 impartial jury. Therefore be it resolved, by the senate and House of Repre- 
 sentatives of the United States of America in Congress assembled, that 
 all such arrests are unwarranted by the Constitution and the laws of the 
 United States, and a usurpation of power never given by the people to 
 the President or any other official. All such arrests are hereby condemned 
 and declared palpable violations of the Constitution of the United States ; 
 and it is hereby demanded that all such arrests shall hereafter cease and 
 that all persons so arrested and yet held should have a prompt and 
 speedy public trial according to the provisions of the Constitution, or 
 should be immediately released." Mr. Oollamer: "Let it lie over." — 
 1862-63, p. 3. 
 
 December 10th, 1863, Mr. Saulsbury offered the following resolution. 
 "Hesohed, That the secretary of war be, and he is hereby, directed to inform 
 the senate whether Dr. John Laus and Whiteley Meredith, or either of them, 
 citizens of the State of Delaware, have been arrested and imprisoned in 
 Fort Delaware ; when they were arrested and so imprisoned ; the charges 
 against them ; by whom made ; by whose orders they were arrested and 
 imprisoned ; and that he communicate to the senate all papers relating to 
 their arrest and imprisonment." — Cong. Globe 1863-8, p. 17. 
 
 Saulsbury : 
 
 "From time to time, numbers of the citizens of that state have been 
 arrested, I believe generally by the Maryland home guards ; whether it has 
 been done by authority of the department of war, I do not know. They 
 have been carried off and confined in military forts. I have not, however, 
 proposed to go into any general inquiry in reference to the arrests in that 
 state; but as to these two gentlemen, one of whom resides in my own 
 county and the other not far off in the adjoining county, they are known 
 to me personally, and have been for a number of years, and as their friends 
 do not know of any just cause why they should be imprisoned in Fort Del- 
 aware or elsewhere, I have felt it my duty to call for this information. I 
 hope the senate will not perceive any reason for refusing to comply with 
 this request. If they are there properly, if they have been guilty of any 
 attempt to subvert the government, if they have acted traitorously in any 
 respect, their friends do not know it ; I do not know it, I do not believe it. 
 • They have been in Fort Delaware now for some time, and neither them- 
 selves nor their friends have been apprised of any cause for their arrest, or 
 of the reason for which the arrests were made. I hope the senate therefore 
 will adopt the resolution. 
 
 Mr. Wilson of Massachusetts : 
 
 ' ' I feel constrained to oppose the adoption of the resolution. I believe 
 that instead of the few hundred arrests we have had, we ought to have had 
 several thousands." 
 
 "I know the government of this country has forborne a great deal. 
 Adopting this resolution at this time looks to me as a sort of arraignment 
 of the government of the Country for making these arrests." — Mr. Bayard: 
 " Mr. President, I had supposed, previous to the events of the last year or 
 two, that in this country we lived under a free government, though we 
 were at war. I always supposed that the great value of this government 
 consisted in the fact that it afforded, beyond all other governments, the best 
 guardianship to the liberty of the individual citizen. 
 
 The honorable senator from Massachusetts tells us that, in his opinion, 
 the government have forborne. 
 
133 CIVIL GOVERNMENT OF THE STATES. 
 
 " At FortWarren in which the soldiers of the United States refused to 
 allow the writ of habeas corpus, issued by a judge of the supreme court 
 itself, to be served." 
 
 "In the State of Delaware there has been neither insurrection — revolt, 
 nor contemplated revolt, by any citizen of the state against the government 
 or its authority. The state has been perfectly peaceable. I suppose it is 
 not disloyal to oppose an existing administration, to differ from it in opin- 
 ion, to believe that the question of emancipation had better be left 
 to be dealt with in the future, as it has been in the past, by individual 
 states." 
 
 "Loyalty is attachment to the laws and the Constitution of the country, 
 and tested by that, I claim that the people of Delaware were what their 
 natural position would make them, eminently Union men." " Why should 
 citizens of Delaware have been arrested, and we be told that we are not 
 entitled to inquire into it ?" "The doctrine of secession, the right of se- 
 cession, has never been advocated in the state of Delaware." "They weTe 
 arrested on that day at the place of election, as I understood, by order of 
 Colonel Wallace, a commander of the home-guards of Maryland." "These 
 men were arrested and have been held in confinement since the 7th day of 
 October. Their friends have been unable to ascertain what they are con- 
 fined for. No hearing has been allowed them; no means of judicial appli- 
 cation to test the ground of their arrest. "If the government persist in 
 this system of arrests by discretion — it comes back to that — if the law of 
 the land which the judiciary are bound to execute is put at defiance by the 
 military power of the government, and if Congress will not, in the case of 
 arrests, even call for the testimony and inform their own judgments," or 
 whether this is a proper case for holding men in imprisonment for an inde- 
 finite period of time, then of course we are living under just as despotic a 
 government as existed in France in the time of Louis XIV." 
 Mr. Doolittle: 
 
 "There has been some complaint, and with more reason, perhaps, made 
 against the government because it has been notoriously engaged, in sympathy 
 and in act, too, with the traitors against the government ; and the complaint 
 has been, not because suspected parties have been arrested, but because 
 the guilty have not been shot or hung." — Cong. Globe 1863-63. pp. 18. 
 Saulsbury : 
 
 " These two are not the only men who have been arrested. Men from 
 the adjoining state of Maryland, who, I understand, refused to go out of 
 their own state to fight the battles of the country, are in the habit of com- 
 ing over into my state and dragging off peaceable, quiet citizens from their 
 homes. It has not been two months since two of the citizens of my county 
 came in the hour of night to my house to know how they could escape from 
 the oppression of these Maryland home guards. The house of one of them 
 was attacked, and a young man occupying his store was assaulted. An- 
 other was compelled to flee from his own house to escape— what ? the Mary- 
 land home guards." "But, sir, I tell the senate that at our last general 
 election armed soldiery were sent to every voting place in the lower counties 
 of the State of Delaware. When I went to vote myself,! had to walk between 
 drawn sabres in order to deposit my ballot. Peaceable, quiet citizens, say- 
 ing not a word, on their way to the polls, and before they had got to the 
 election ground, were arrested and dragged out of their wagons and earned 
 away. Peaceable, quiet citizens were assaulted at the polls." Mr. Powell: 
 " Judge Duff, in one instance, in Illinois, was arrested by the Marshal and 
 taken from his court where he was administering the laws, and lodged- in 
 the old Capitol prison here." Cong. Globe 1862-3. p. 1191. 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 133 
 
 General Grant's expulsion of the Jews, December 17, 1863. General 
 Grant issued an order for the expulsion of the Jews in twenty-four hours. 
 
 Mr. Powell ofiered the following resolution : 
 
 "And whereas, by virtue of said order, the Jews, as a class, who claim 
 to be loyal citizens of the United States, have been expelled from the city 
 of Paducah, Kentucky, and have been driven from their business and homes 
 by the military authority, without any specific charges having been made 
 against them, or any opportunity given them to meet the vague and 
 general charges set forth in said order: Therefore, 
 
 Resolved by the senate of the United States, That the said order of 
 Major-General Grant, expelling the Jews, as a class, from the department 
 of which he is in command, is condemned as illegal, tyrannical, cruel, and 
 unjust, and the President is requested to countermand the same." "I 
 have in my possession documents that go to establish the fact beyond the 
 possibility of a doubt that the Jews, residents of the city of Paducah, 
 Kentucky, some thirty gentlemen in number, were driven from their homes 
 and their business by virtue of this order of General Grant, only having the 
 short notice of four and twenty hours ; that the Jewish women and children 
 of that city were expelled under that order ; that there was not a Jew left, 
 man, woman, or child, except two women who were prostrate on beds of 
 sickness." " These people are represented by the most respectable citizens 
 of Paducah to be loyal men. Many of them are men who were not 
 engaged in commerce. They were mechanics, attending to their daily 
 avocations, at their homes." Let General Grant and all other military 
 commanders know that they are not to encroach upon the rights and privi- 
 leges of the peaceable loyal citizens of this country." "Many of these 
 Jews, who were expelled from Paducah were known to me for many years 
 as highly honorable and loyal citizens. This order expels them as a class 
 from that entire department, and prevents their having a pass to approach 
 Ms person to ask a redress of grievances." 
 
 Mr. Hale and Mr. Sumner : " "Why not table it ? "—Cong. Globe 1863-63, 
 pp. 345-6. 
 
 Vallandigham in his speech Feb. 33, 1868, said: 
 
 " Sir, not many months ago, this administration in its great and tender 
 mercy towards the six hundred and forty prisoners of State was a lad of 
 fifteen, a newsboy upon the Ohio river, whose only offence proved, upon 
 inquiry, to be that he owed fifteen cents the unpaid balance of a debt due 
 to his washer- woman." "For four weary months the lad had lain in that 
 foul and most loathsome prison, under military charge." — Cong. Globe 
 1863-63, App. p. 176. 
 
 Kov. 1863, France made a proposition to Russia and England to have 
 these powers use their influence with the Washington and Confederate 
 authorities for an armistice and peace. Peace and even foreign inter- 
 vention had many advocates. Although the draft had been postponed 
 several times, it was put in force — it was resisted in Wisconsin, in the fall 
 of 1863. The rioters were arrested and were discharged on a writ of 
 Habeas Corpus by the supreme court of the United States which pronounced 
 it unconstitutional for the President to suppress the Writ of Habeas Corpus ! 
 The Republican party had from time to time called upon the President to 
 remove every Democratic general who was opposed to "Lincoln's policy." 
 Laboring under this pressure. General Buell was removed from command, 
 on Octoi er 1863, although General Thomas had telegraphed to the authori- 
 ties at Washington to reverse their action.— Headley vol. 3, p. 104. On the 
 5th November, 1863, General McClellan was relieved by Burnside. The 
 authorities at Washington and the Republican party who had sufiered a 
 
134 CIVIL GOTEENMEHT OF THE STATES. 
 
 defeat at the recent elections, did not want a political opponent to hold the 
 chief command of the array ! 
 
 Burnside found the army of the Potomac in three grand divisions under 
 Sumner, Hooker, and Fianklin. The army was indignant at the loss of its 
 chief, and so was Burnside, who did not wish for the position and who 
 openly declared that McClellan was the man fit for the command of the 
 Potomac army or to match Lee. — Headley vol. 3, pp. 118-19-20. Burnside's 
 plan was to advance on Richmond by Fredericksburg. — Lost Cause 340. 
 The country was indignant for the base treatment of McClellan. But the 
 fact of it was, the Republican party did not want any man, who was a Dem- 
 ocrat and who did not adopt " Lincoln's policy, " to be in command of the 
 army. Lincoln said that the party who elected a President could put down 
 the rebellion. Burnside was completely defeated at Fredericksburg by 
 Lee. He walked into a trap. The country was greatly excited on hearing 
 of the fatal disaster; but Lincoln and Stanton would not give up the control 
 of the army to generals in the field but persistently marred their matured 
 and well laid plans. The peace Democrats denounced the administration. 
 They raised their voice against arbitrary and irresponsible arrests; they 
 complained of the small success of the war party ; they protested against 
 emancipation; they reminded Mr. Seward of the declarations made in 1862 
 in his letter to Mr. Adams that such a measure "would re-invigorate the 
 declining insurrection in every state of the south." — Lost Cause 361. The 
 opposition to the administration can be gathered from Vallandigham's 
 speech of January 14, 1863. 
 
 " It is now two years. Sir, since Congress assembled soon after the 
 Presidential election. A sectional anti-slavery party had been chosen 
 upon a platform of avowed hostility to an institution peculiar to nearly one 
 half of the States of the Union, and who had himself proclaimed that there 
 was an irrepressible conflict because of tliat institution between the States; 
 and that the Union could not endure "part slave and part free." Congress 
 met therefore in the midst of the profoundest agitation, not here only but 
 throughout the entire South. Revolution glared upon us. Repeated eJfforts 
 for conciliation and compromise were attempted in Congress and out 
 of it.' All were rejected by the party just coming into power, except only 
 the promise in the last hours of the session, and that, too, against the 
 consent of the majority of that party both in the senate and House ; that 
 Cono-ress nor the executive should never be authorized to abolish or 
 interfere with slavery in the states where it existed. South Carolina seceded ; 
 Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, speedily fol- 
 lowed. The Confederate Government was established. The other slave 
 states held back, Virginia demanded a peace Congress. The commissioners 
 met, and after some time, agreed upon terms of final a.-^justment. But 
 neither in the states nor' the House were they allowed even a respectful 
 consideration. 
 
 The President elect left his home in February, and journeyed towards 
 this capital, jesting as he came ; proclaiming that the crisis was only arti- 
 ficial, and that "nobody was hurt." He enteied this city under cover of 
 nio-ht and in disguise. On the 4th of March he was inaugurated, surround- 
 ed'by soldiery; and, swearing to support the Constitution of the United 
 States announced in the same breath that the platform of his party should 
 
 be law unto him. ^ , t, j: vi 
 
 From that moment all hope of peaceable adjustment fled. But for a li^ 
 tie while either with unsteadfast sincerity or in premeditated deceit, the 
 ■Doliov of peace was proclaimed, even the evacuation of Sumter and the 
 other Federal forts and arsenals in the seceded states. Why that policy 
 
CONSTITUTIONAIi HISTORY OF tTNITED STATES. 135 
 
 ■was suddenly abandoned, time will disclose. But just after the spring elec- 
 tions, and the secret meeting in this city, of the governors of several 
 northern and western states, a fleet carrying a large number of men was 
 sent down ostensibly to provision Fort Sumter. The authorities of South 
 Carolina eagerly accepted the challenge, and bombarded the fort into sur- 
 render, while the fleet fired not a gun, but, just as soon as the flag was 
 struck, bore away and returned to the North. It was Sunday, the 14th of 
 April, 1861, and that day the President in fatal haste and without the 
 advice or consent of Congress, issued his proclamation, dated the next day, 
 calling out seventy-five thousand militia for three months to repossess the 
 forts, places, and property seized from the United States, and commanding 
 the insurgents to disperse in twenty days. Again the gage was taken up 
 by the South, and thus the flames of Civil war, the grandest, bloodiest, and 
 saddest in history, lighted up the whole heavens. Virginia forthwith seced- 
 ed; North Carolina, Tennessee, and Arkansas followed; Delaware, Mary- 
 land, Kentucky, and Missouri were in a blaze of agitation, and within a 
 week from the proclamation, the line of the Confederate States was 
 transferred from the cotton states to the Potomac, and almost to the Ohio 
 and Missouri, and their population and flghting-men doubled. 
 
 In the North and West, too, the storm raged with the fury of a hurricane. 
 Never in history was any thing equal to it. Men, women, and children, 
 native and foreign born, chu;:ch and state, clergy and layman, were all 
 swept along with the current. Distinction of age, sex, station, party per- 
 ished in an instant. Thousands bent before the tempest; and here and 
 there only was one found bold enough, foolhardy enough it may have been, 
 ■ to bend not, and him it smote — fell as a consuming fire. The spirit of per- 
 secution for opinion's sake, almost extinct in the old world, now, by some 
 mysterious transmigration, appeared incarnate in the New ; Social relations 
 were dissolved ; friendships broken up ; the ties of family and kindred 
 snapped asunder. Stripes and hangings were everywhere threatened, some- 
 times executed. Assassination was invoked ; slander sharpened his tooth ; 
 falsehood crushed truth to the earth ; reason fled ; madness reigned. Not 
 justice only escaped to the skies, but peace returned to the bosom of God, 
 whence she came. The gospel of love perished, hate sat enthroned, and 
 the sacrifices of blood smoked upon every altar. 
 
 But the reign of the mob was inaugurated only to be supplanted by the 
 iron domination of arbitrary power. 
 
 Constitutional limitation was broken down : habeas corpus fell ; liberty of 
 the press, of speech, of the person, of mails, of travel, of one's own house, 
 and of religion ; the right to bear arms, due process of law, judicial trial, 
 trial by jury, trial at all ; every badge and muniment of freedom in Repub- 
 lican government or kingly government — all went down at a blow, and the 
 chief law ofiicers of the crown — I beg pardon, sir, but it is easy now to fall 
 into this courtly language — the Attorney General, first of all men, proclaimed 
 in the United States the maxim of Roman servility ; whatever pleases the 
 President, that is law ! Prisoners of state were then first heard of here. Mid- 
 night and arbitrary arrests commenced; travel was interdicted; trade em- 
 bargoed ; passports demanded ; baAiles were introduced ; strange oaths in- 
 vented; a secret police organized ; " piping " began ; informers multiplied; 
 spies now first appeared in America. The right to declare war, to raise and 
 support armies, and to provide and maintain a navy was usurped by the 
 Executive; and in a little more than two months a land and naval force of 
 over three hundred thousand men was in the field or upon the sea. An army 
 of public plunderers followed, and corruption struggled with power in 
 friendly strife for the mastery at home. 
 
'■^^ CIVIL GOVERNMENT OF THE STATES. 
 
 On the 4th of July Congress met, not to seek peace; not to rebuke' usur- 
 pation not to restrain power; not certainly to deliberate; not even to legis- 
 late, but to register and ratify the edicts and acts of the Executive; and in 
 your language, sir, upon the first day of the sessions, to invoke a universal 
 baptism of fire and blood amid the roar of cannon and the din of battle 
 Free speech was had only at the risk of a prison ; possibly life. Opposition 
 was silenced by the fierce clamor of "disloyalty." All business not of war 
 was voted out of order. 
 
 "In twenty, at most in sixty days, the rebellion was to be crushed out. 
 To doubt it was treason. Abject submission was deemed. Lay down your 
 arms, sue for peace, surrender your leaders— forfeiture, death— this was the 
 only language heard on the floor. The galleries responded ; the corridors 
 echoed ; and contractors and placemen and other venal patriots everywhere 
 frowned upon the friends of peace as they passed by. Iif five weeks 
 seventy-eight public and private acts and joint resolutions, with de- 
 claratory resolutions, in the Senate and House, quite as numerous, all full 
 of slaughter, were hurried through without delay and almost without 
 debate." 
 
 And now pardon me, sir, if I pause here a moment to define my own 
 position at this time upon this great question, "Sir, I am one of the 
 number who have opposed abolitionism, or the political development of 
 the anti-slavery sentiment of the north and west, from the becinning, in 
 school, at college, at the bar, in public assemblies, in the legislature, in 
 Congress, boy and man as a private citizen and in public life, in time of 
 peace, and in time of war." "But there was not an hour from the begin- 
 ning when it did not seem to me as clear as the sun at broad noon, that the 
 agitation in any form in the North and West of the slavery question must 
 sooner or later end in disunion and civil war." 
 
 "It was only a question of time, and short time. Such was its strength, 
 indeed, that I do not believe that the Union of the Democratic party in 
 1860, on any candidate, even though he had been supported also by the 
 entire so-called conservative or anti-Lincoln vote of the country, would 
 have availed to defeat it ; and if it had, the success of the abolition party 
 would only have been postponed four years longer. " 
 
 "The doctrine of the "irrepressible conflict" had been taught too long 
 and accepted too widely and earnestly to die out, until it should culminate 
 in secession and disunion; and, if coercion were resorted to, then in civil 
 war. I believed from the first that it was the purpose of some of the 
 apostles of the doctrine to force a collision between the North and South, 
 either to bring about a separation or to find a vain but bloody protest for 
 abolishing slavery in the states. In any event, I knew, or thought I knew, 
 that the end was certain collision, and death to the Union. " 
 
 "The Candidate of the Republican party was chosen President, secession 
 began, civil war was imminent. It was no petty insurrection, no temporary 
 combination to obstruct the execution of the laws in certain states : but a 
 revolution, systematic, deliberate, determined, and with the consent of a 
 majority of the people of each state which seceded." 
 
 "It was disunion at last. The wolf 'had come. But civil war had not 
 yet followed. In my deliberate and most solemn judgment there was but 
 one wise and masterly mode of dealing with it. Non-coercion would avert 
 civil war and compromise crush out both abolitionism and secession. The 
 parent and the cliild would thus both perish. Btjt a resort to force 
 would at once precipitate war, hasten secession, extend disunion, and while 
 it lasted, utterly cut off all hope of compromise. I believed that war, if long 
 enough continued, would be final, eternal disunion." 
 
CONSTITUTIONAL HISTOEY OP UNITED STATES. 137 
 
 ' ' But that party, most disastrously for the country, refused all compromise. 
 How, indeed, could they accept, that which the South demanded and 
 the Democratic and conservative parties of the North and West were will- 
 ing to grant, and which alone could avail to keep the peace and save the 
 Union, to inflict a surrender of the sole vital element of the party and its 
 platform ; of the very principles, in fact, upon which it had just won the 
 contest for the Presidency'^" Sir, the crime, the "high crime," of the 
 Republican party was not so much its refusal to compromise, as its original 
 organization upon a basis and doctrine wholly inconsistent with the stability 
 of the constitution and the peace of the Union." 
 
 " Sometime in March it was announced that the President had resolved to 
 continue the policy of his predecessors and even go a step further, and 
 evacuate Sumter and the other Federal forts and arsenals in the seceded 
 states. His own party acquiesced, the whole country rejoiced." 
 
 " I did not support the war, and to day I bless God that not the smell of 
 so much as one drop of its blood is upon my garments. " 
 
 "The country was at war; and I belonged to the school of politics which 
 teaches that when we are at war, the government—*! do not mean the execu- 
 tive alone, but the government — is entitled to demand and have, without 
 resistance, such number of men, and such amount of money and supplies 
 generally, as may be necessary for the war, until an appeal can be had to 
 the people." 
 
 "I meant that, without opposition, the President might take all the men 
 .and all the money he should demand, and then to hold him to a strict ac- 
 countability before the people for the results. Not believing the soldiers 
 responsible for the war, or its purposes, or its consequences, I have never 
 withheld my vote where their separate interests were concerned. But I have 
 denounced from the beginning the usurpations and the infractions, one and 
 all, of law and constitution, by the President and those under him, their 
 repeated and persistent arbitrary arrests, their suspension of Habeas Corpus, 
 the violation of freedom of the mails, of private houses, of the press and of 
 speech and all other multiplied wrongs and outrages upon public liberty and 
 private rights, which have made this country one of the worst despotisms 
 on earth for the past twenty months; and I will continue to rebuke and 
 denounce them to the end." 
 
 "And did not the party of the Executive control the entire Federal 
 Government, every state government, every county, every city, town 
 and village in the North and West ? Was it patronage ? All be- 
 longed to it. Was it influence ? What more ? Did not the school, 
 the college, the church, the press, the secret orders, the Mun- 
 icipality, the corporations, railroads, telegraphs, express companies, the 
 voluntary associations, all, all yielded it to the utmost." Was it unanimity ? 
 Never was an administration so sifpported in England or America. Five 
 men and half a score of, newspapers made up the opposition. Was it 
 enthusiasm ? The enthusiasm was fanatical. There has been nothing like 
 it since the Crasades. Was it confidence ? Sir, the faith of the people ex- 
 ceeded that of the patriarchs. They gave up constitution, law, right, liberty, 
 all, at your demand for arbitrary power that the rebellion might, as you 
 promised, be crushed out in three months and the Union restored." * * 
 
 " But in the beginning, the Roundhead outwitted the Cavalier, and by 
 the skilful use of Slavery and the Negro united all, New England first, and 
 afterwards the entire North and West, and finally sent out to battle against 
 him Celt and Saxon, German and Knickerbocker, Catholic and Episcopa- 
 lian, and even a part of his own household and of the descendants of his 
 own stock." * * But we, also, of the North and West, in every state and 
 
l^S CIVIL QOTERNMENT OF THE STATES. 
 
 by thousands, who have dared so much as to question the principles and 
 policy, or doubt the honesty, of this administration and its party, have 
 suffered everything that the worst despotism could inflict, except only loss 
 of life itself upon the scaffold. Some even have died for the cause by the 
 hand of the assassin." 
 
 Shall we destroy the government because usurping tyrants have held 
 possession and perverted it to the most cruel oppressions? 
 
 "Stop fighting. Make an armistice— no formal treaty. Withdraw 
 your army from the seceded states. Reduce both armies to a fair and 
 sufficient peace establishment. Declare absolute free trade between the 
 North and South. Buy and sell. Recall your fleets. Break up your 
 blockade. Reduce your navy. Restore travel. Open railroads. " No 
 more monitors and iron-clads, but set your fiiendly steamers and steam- 
 ships again in motion. Visit the North and West. Vist the South. 
 Exchange newspapers. Migrate, intermarry. Let slavery alone." Con- 
 gressional Globe 1863-63. App. pp. 53-3, 4, 5, 6, 7, 8, 9. 
 
 This was the the position taken by Mr. Vallandigham, which gave the 
 Administration so much trouble; which caused him to be arrested and 
 sent across the lines into the southern confederacy. These principles were 
 adopted by many of the peace Democrats. History will give Mr. Vallan- 
 . digham credit for his honesty and candor, but as to his mode of settling 
 the war question merely by an armistice, will lead to some grave and serious 
 differences of opinion. Indeed in 18B3, the South had gone so far that 
 nothing would satisfy Jeff Davis short of independence — he wanted the 
 South recognized as a separate government. 
 
 Feb. 33, 1863, Mr. Vallandigham spoke against the conscription bill. 
 
 "Sir, what are the bills which have passed, or are still before the House? 
 The bill to give the President entire control of the currency^— the purse of 
 the country. A tax bill to clothe him wiih power over the whole property 
 of the country. A bill to put all power in his hands over the personal liber- 
 ties of the people. A bill to indemnify him, and all under him for every 
 act of oppression and outi'age already consummated. A bill to enable him to 
 suspend the Writ of Habeas Corpus, in order to justify or protect him, and 
 every minion of his, in the arrests which he or they may choose to make — 
 arrests too, for mere opinion's sake. And now, to-day, for opinions on 
 questions political, under a free government, in a country whose liberties 
 were purchased by our fathers by seven years' outpouring of blood and ex- 
 penditure of treasures, we have livedo to see men, the born heirs of this 
 precious inheritance, subjected to arrests and cruel imprisonment at the 
 caprice of a President or a secretary or a constable. And, as if that were 
 not enough, a bill is introduced here to-day, and pressed forward to a vote, 
 with the right to debate, indeed — extorted from you by the minority— but 
 without the right to amend, with no more than the mere privilege of pro- 
 test—a bill which enables the President to bring under his power, as com- 
 mander-in-chief, every man in the United States between the ages of 
 twenty and forty flve — three millions of men. And as if not satisfied with 
 that, this bill provides, further, that every other citizen, man, woman, and 
 child, under twenty years of age and even forty-five, including those that 
 may be exempt between these ages, shall be also at the mercy— so far 
 as his personal liberty is concerned — of some miserable "provost 
 marshal." with the rank of captain of cavalry, who is never to see ser- 
 vice in the field, and every Congressional district in the United States is 
 to be governed— yes, governed— by this petty Satrap— this military eunuch 
 —this Baba— and he even may be black- who is to do the bidding of your 
 sultan." 
 
CONSTITDTIONAI, HISTORY OF UNITED STATES. 189 
 
 What is it, sir, but a bill to abrogate the constitution, to repeal all exist- 
 ing laws, to destroy all rights, to strike down the judiciary, and erect upon 
 the ruins of civil and political liberty a stupendous superstructure of des- 
 potism ? And for what ? To enforce the law ? No, sir. It is admitted 
 now by the legislation of Congress, and by the two proclamations of the 
 President, it is admitted by common consent, that the war is for the aboli- 
 tion of Negro slavery, but others openly and candidly confess that the 
 purpose of the prosecution of the war is to abolish slavery." The freedom 
 of the Negro is to be purchased, under this bill, at the sacrifice of every 
 right of the white men of the United States. " Sir, I have done now with 
 my objections to this bill. I have spoken as though the constitution 
 survived, aud was still the supreme law of the land." "Give us known 
 and fixed laws, give us the judiciary; arrest us only upon due process of 
 law; give us presentment and indictment by grand juries; speedy and 
 public trial; trial by jury;" secure us in our persons, our houses, our 
 papers, and our efiects;" give us free speech and a free press, free and un- 
 disturbed elections and the ballot ;v take our sons, take our money, our 
 property.— Cong. Globe 1863-63. App. pp. 172-3-4-5-6-7. The 
 Republican papers all over the land denounced Vallandigham for this 
 speech as a traitor. They said that he was aiding the Rebels by opposing 
 and discouraging enlistments. The peace Democracy hailed this speech 
 with applause. 
 
 January 1, 1863, the President issued the emancipation proclamation. It 
 was opposed by the conservatives of the north, but hailed with joy by the 
 Radicals. This measure drove the south to desperation — it drove the 
 southern union men into the Confederate army by thousands. This made 
 the Confederates fight with desperation at Fredericksburg, Murfreesboro, 
 and Vicksburg. Jeff Davis issued his proclamation (as an offset to Lincoln's 
 emancipation proclamation), threatening to hang all northern officers who 
 aided slaves to escape. This proclamation of President Lincoln, with other 
 acts of his administration, was worth to the south more than a million of men ! ! 
 
 Northern papers said, that in consequence of the President's emancipation 
 proclamation, making the war an anti-slavery one — the corruption and in- 
 eificacy of the administration, that there was a great feeling throughout the 
 country to sever the Middle and Western States from New England. The 
 army became greatly demoralized in consequence of the war taking an 
 abolition turn; the removal of McClellan; the defeat of Burnside at Fred- 
 ericksburg ; defeat of the union army at Murfreesboro ; the corruption of 
 vile contractors — an other cause of grievance was that the soldiers were 
 many months without pay : while their families were in want, while, at the 
 same time, ofiScers and contractors, who had big pay, were promptly paid! 
 In the army of the Potomac, alone, as many as 850 officers were absent at 
 one time — absentees from the northern army were about 100 per day, deser- 
 tion was also very large; as many of the volunteers were sick of the war 
 when they saw that it was the "rich man's war and the poor man's fight! " 
 
 May 5, 1863, Vallandigham was arrested by order of General Burnside, 
 at his, residence, in Dayton, Ohio. The office of the Dayton Journal was 
 destroyed by a Radical mob. 
 
 May 11, 1863, the Buell court of inquiry adjourned, after a session of 165 
 days. May 25, 1868, Mr. Vallandigham was delivered over to the rebels, at 
 Murfreesboro, Tennessee. This was a most stupendous outrage and 
 stretch of despotic power. This was a relic of barbarism and in full keep- 
 ing with the odious alien and sedition laws, which made the name of 
 John Adams hateful to the American people. But the administration was 
 now prepared for any measure which would crush all opposition. For this 
 
140 CIVIL GOVBUNMENT OF THE STATES. 
 
 purpose it trampled under foot every particle of American liberty. Repub- 
 licans copied Irom the Cromwellians and the Red Republicans of France ! 
 General Lovell, after the fall of New Orleans, ordered the defence of 
 Vicksburg. And to Van Dorn, in the summer of 1863, was assigned the 
 defence of Vicksburg. This was a great blunder on the part of General 
 Butler, for immediately after the fall of New Orleans he could have cap- 
 tured Vicksburg and Port Hudson. But he wasted his time in the "spoon 
 business" in New Orleans and in amassing a large fortune. He preferred 
 himself to his country — indeed the Republicans were more for themselves 
 than for their country. His god was his ambition. For he would be 
 either a Democrat, Republican or rebel as it suited his ambitious views. 
 This was characteristic of the Butler family, even in Ireland ! 
 
 The "Beast" would be Jew, Turk, Christian or Heathen, as it might 
 suit the times! If Jefferson Davis could subvert the Union and erect on 
 its ruins an empire, Butler would be his instrument of imperial oppression. 
 He was a curse to the Union cause — for had he shown as much patriotism, as 
 he displayed a greed for the accumulation of filthy lucre, he would have cap- 
 tured Port Hudson and the works of Vicksburg. By such means he could 
 have saved the lives of thousands and he could have saved millions of dol- 
 lars afterwards lost in the capture of these places. But though Butler was 
 fond of fame, his love of gold drowned every other impulse ! The acquisi- 
 tion of wealth was his leading aim — his great passion and moral weakness. 
 We have said that Butler could have taken Port Hudson and Vicksburg 
 before they were fortified. Porter had advised the government at Washing- 
 ton, of the necessity of fortifying these strongholds. That the Confederates 
 were fortifying them. He urged the necessity of stopping them. He even 
 offered with a thousand men and his gunboats to hold and occupy these 
 places. "But the year 1862 was a year of blunders on the part of the war 
 department and of great disasters in the field. The army of the Potomac 
 had been driven from Richmond, on one hand, and from the Rapidan, on 
 the other and shattered into fragments on the heights of Fredericksburg: 
 Buell had been forced back from Chattanooga to Nashville and Morgan com- 
 pelled to evacuate Cumberland Gap ; and to close up the sad record. Port 
 Hudson had been allowed to become wellnigh impregnable.— Headley vol. 
 3, p. 149. The campaign of 1863 was resumed early, as Lincoln was ap- 
 prehensive that the Democrats would gain further strength as they had in 
 the fall elections in consequence of the multitudinous blunders of the ad- 
 ministration. He was now preparing for the presidential campaign of 1864. 
 He knew that it was necessary to gain some decisive success. To gain the sup- 
 port and confidence of the people success was necessary, #s the term of service 
 of many of the Union soldiers would soon expire. General Hooker was 
 raised from corps-commander to that of general-in-chief. "Fighting Joe 
 Hooker made himself famous in the newspapers by his criticism of 
 McClellan's campaign. He said he would capture Richmond it in McClellan s 
 place. Fighting Joe Hooker, having by this idle bravado obtained the 
 command of the Potomac army, crossed the Rappahannock and '^^\^°J'- 
 withstanding his previous boasting, most beautifully whipped at the battle 
 of ChancellorsviUe, though he had boasted that Lee's army was the legiti- 
 mate property of the army of the Potomac."— Headley vol. 3, p. 186. Lee 
 with an army of sixty thousand whipped Hooker, who had under ms 
 command one hundred and fiftv thousand men. -Headley vol. 3, p. i»M. 
 Grant spent weeks digging a canal, to turn the Mississippi from its old course 
 so as to leave Vicksburg high and dry. Although the Republicans ridiculed 
 McClellan for digging in the swamps of the Chiokahominy, yet they lauaea 
 Grant to the skies although he had spent time and money with his army in 
 
CONSTITUTIONAL HISTORY OF ITfriTED STATES. 141 
 
 digging a canal which proved a total failure and a monument of human 
 folly. Yet, there was neither censure nor criticism from the Radical press. 
 On the contrary, they called it a great stroke of military strategy. The 
 people heard with impatience for weeks ' digging still.' After a display of 
 military ignorance and stupidity Grant found his novel plan of turning the 
 Mississippi into a canal a failure and a stupendous blunder ! As he had no 
 ' policy of his own ' he had the support of the Radicals, who branded as 
 copperheads and traitors and rebel sympathizers all who found fault with 
 Grant's military blunders. This canal might be called 'Grant's folly.' — 
 Headley vol. 3, p. 149-50. 
 
 On the failure of diverting the floods of the "great father of water" 
 into the "grant Canal," Grant attempted, by the aid of Porter's fleet, to 
 capture Vicksburg, by going up the Yazoo River and capturing Haines 
 Bluff and by this means get into the rear of Vicksburg. He failed in 
 this project, as completely , as at Belmont, in his famous Canal business : so 
 after much labor he had to abandon this project. He also failed to get 
 in the rear of Vicksburg by way of the " Black Bayou." — Headley vol. 3, p. 
 137. 
 
 Failing in these attempts to capture Vicksburg, Grant was forced to 
 adopt the McCIellan plan, so much condemned by the Republican press, 
 and so much condemned and ridiculed by Pope and Hooker, to build 
 Corduroy bridges over the Swamps on the west side of the Mississippi, and 
 by the cooperation of Admiral Porter's gunboats, got his transports past 
 the batteries of Vicksburg while the forces passed by land. Porter with 
 his gunboats ran the transports past the rebel batteries and Grant got his 
 army in the rear of Vicksburg. 
 
 He took Vicksburg after a long and bloody siege. The country around 
 Vicksburg as far as Jackson was made one vast graveyard. Vast numbers of 
 lives would have been saved but for the stupidity of General Butler, who pre- 
 ferred reaping a rich harvest of gold and silver at New Orleans ; and thus 
 neglected to take Port Hudson and Vicksburg, which Porter said could be 
 taken by his gunboats and a thousand men ; so that Stanton, Halleck, and 
 Butler are responsible for the lives of thousands of brave Union soldiers, 
 who fell in the memorable siege of Vicksburg. They made by their wicked 
 and culpable negligence, widows and orphans, by thousands, and brought 
 desolation and woe to thousands of families ! The fall of Vicksburg now 
 opened the Mississippi to the Union army. The Union Steamboats had 
 control of the river, cutting the Confederacy in two. The fall of Vicksburg 
 and the defeat at Gettysburg, hastened the overthrow of the Confederacy. 
 
 CHAPTER XVI. 
 
 The south had now suffered from the depreciation of her currency. The 
 amount of specie in the south at the commencement of the war was about 
 thirty millions in the banks and about fifty millions in currency. — Lost 
 Cause, 421. As early as January, 1863, a dollar in gold was worth in Rich- 
 mond one dollar and twenty cents in currency. In July, 1863, it was 
 worth the same. Now, in January, 1863, one dollar in gold was worth three 
 dollars and ten cents in currency. Remorseless speculators had succeeded 
 in monopolizing and engrossing most of the entire stock of the necessaries 
 and comforts of life, whicli they held at exorbitant prices. Even the nail 
 
^^^ CIVrL GOVERNMENT OP THE STATES. 
 
 factories were in the hands of a few speculators, who sold nails at exorbi- 
 tant prices. There was also a monopoly of salt, which was sold at fifty 
 cents per pound.— Lost Cause, 437-8. Indeed, one of the principal causes 
 of the failure of the southern confederacy was speculation, both by monop- 
 olists and even the authorities, who sold cotton for greenbacks; thus 
 depreciating and breaking down their own currency ; as the people saw that 
 the leaders had lost faith in their own money and that the cause of the 
 Confederates was failing ! 
 
 On the 4th of July, 1863, was fought the great battle of Gettysburg. Lee 
 was compelled to fall back and retreated from Pennsylvania. He saved his 
 artillery, with the exception of two or three guns, though he left twenty-five 
 thousand small arms in the fields and woods. He crossed the Cumberland 
 Mountains towards the Potomac, followed by Gen. Sedgwick. General 
 French destroyed his pontoon train, at Falling Waters. — Headlev vol 2 
 page 207. ■' ' 
 
 General Meade allowed Lee to escape and gave him time to cut timber 
 and construct bridges to cross his army over the Potomac ; when he could 
 have captured his whole army. Yet the Republicans denounced McClellan 
 the year before for not capturing Lee at about the same point, after Lee's 
 retreat from the battle field of Antietam ! — Headley vol. 3, pp. 308-9. 
 
 This is Republican honesty ! 
 
 The Republicans' employed the colored troops although it gave great 
 oflfence to the north. For many of the northern soldiers did not want Negro 
 equality. They knew that if the Negroes were made soldiers they would 
 be made citizens. The Republicans told the country that the Negro 
 soldiers were superior to the white soldiers, their object being to prepare 
 the country for Negro equality. July 30, 1863, the President issued an 
 order that no distinction should be made, in the exchange of prisoners on 
 account of color. 
 
 Although the Republicans professed great love for the Negroes during 
 the war, yet they were ill treated by the government agents. The Negroes 
 complained that they were treated worse by the Northern authorities than 
 they were by their masters. Many of them returned to their masters rather 
 than endure the sufferings and hardships of the government camps ! About 
 Natchez they were reduced from 4000 to 3000, by exposure, filth, and dis- 
 ease brought on from various causes. In 1864, the report of Yoeman, 
 President of the Western Sanitary Commission, as given in the New York 
 Tribune shows the frightful condition of the great number of Africans scatter- 
 ed along the Mississippi from Cairo to Natchez. More than the barracoons of 
 the African coast or the horrors of the middle passage, this shows an awful 
 inhuman record of hunger and death. 
 
 The kidnapping of Negroes by members of the Loyal League, who made 
 large fortunes by this inhuman practice of selling Negroes for cotton. 
 Many northern officers went into raising cotton along the Mississippi and 
 cheated the poor Negroes out of the fruits of their labor ; yet, they were 
 loyal. The Republicans had no more love for Africans than to merely use 
 them for party purposes. They sacrificed the welfare of the Negro and the 
 liberty of the country, honesty, honor and principles for office and power ! 
 The American people had from time to time denounced the despotism of 
 themonarcha of Europe; now, strange to say, the administration had courted 
 the despotic power of Russia, the oppression of down-trodden Poland ! 
 The Russians were banqueted in New York, in 1863. The Republicans 
 had stooped so low as to make an ally of Russia ! 
 
 The great flood of "greenbacks," government paper currency, drove gold 
 and silver out of circulation. The government issued postage currency as 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 143 
 
 low as five cents. Every one in 1862, issued his own money. Barbers and 
 saloon keepers issued scrip "good for one shave," or "good at this bar for 
 one glass of beer." The government violated the constitution by making 
 paper currency a legal tender. It was unjust to those, who lent money be- 
 fore the passage of this law, to make greenbacks a legal tender. This paper 
 became so depreciated that one dollar in gold would buy $2. 90 in greenbacks. 
 This was a palpable swindle. This was robbing the creditor who lent his 
 money in gold and now had to take depreciated currency ; it also robbed 
 the soldiers. One great cause of depreciation of the currency was occasioned 
 by the blunders of northern Generals ; and the intermeddling of the aboli- 
 tionists, who drove the south to desperation for it was feared that the war 
 ' would be prolonged until the public debt would be equal to that of Great 
 Britain. Men of capital feared that the debt would not be paid. In 1863, 
 the administration and Congress proposed to abolish the state banks and to 
 establish United States Banks. For this purpose they legislated the state 
 banks out of existence, by means of taxation. 
 
 All who spoke of the rights of the states, were denounced by the Eadicals 
 as traitors and copperheads. They held that the general government could 
 swallow up the state governments. We give Jefferson's opinion on the 
 rights of the States : " We should marshal the government into, 1st, the 
 general Federal Eepublic for all concerns foreign and Federal ; 3d, that of 
 the state, for what relates to our own citizens exclusively." — Jefferson's 
 Works vol. 7, p. 13. 
 
 But, what cared the Eadicals for the opinions of either Jefferson or 
 Washington? they followed the example of British statesmen and the blue- 
 light Federalists! The old Federal and Whig party passed a high pro- 
 tective tariff; by this means the farmers were taxed to support the looms 
 of New England. The Democratic party complained of this unjust measure. 
 But the Eadicals had the army and navy, the purse and the sword at their 
 backs, and by means of arbitrary arrests drowned all opposition. In vain 
 did the western papers complain that the east had oppressed the south and 
 west. The Eadicals claimed that it was for the benefit of the whole coun- 
 try that the people should be taxed to sustain New England and Pennsyl- 
 vania. Those they could not intimidate were bought up and Congressmen 
 were bought and sold like oxen in the shambles. Corruption and bribery 
 was the order of the day. The Democrats were denounced for their oppo- 
 sition to the tariff. They were called traitors, rebels, and copperheads! 
 We give Jefferson's opinion on the tariff: 
 
 "An equilibrium of agriculture, manufactures and commerce, is certainly 
 becoming essential to our independence." — Jefferson's Works, vol. 5, p. 448. 
 Thus we see that Thomas Jefferson considered agriculture as the most 
 essential branch of industry. For all branches of industry depend on the 
 prosperity of the farmers. But the Eadicals who have followed the foot- 
 prints of the Federalists, want to sacrifice the farmers to the interests of 
 the manufacturers. Jefferson spoke of the policy of the Federalists in 
 trying "to convert this great agricultural country into a city of Amsterdam. 
 
 The expense of the war had now assumed vast proportions. The people 
 were alarmed at the expense of the war ; but the Eadicals reiterated Pitt's 
 false doctrine that a "Public debt is a public blessing;" thus following 
 in the wake of British Statesmen and American Federalists. They 
 followed Hamilton's plan to make the public debt eternal. They issued 
 bonds bearing interest in gold and some bearing compound interest. The 
 ultimate design of the disciples of Hamilton has been to fund the public 
 debt, the same as in England ; so as to create a money king and afterwards 
 a monarchy. We give Jefferson's opinion of a public debt: — 
 
144 CIVIL GOVERNMENT OF THE STATES. 
 
 "I consider the fortunes of our Eepublic as depending, in an eminent 
 degree on the extinguishment of the publio debt.— Jefferson's Works vol. 5, 
 p, 478. "We must not let our rulers load us with perpetual debt. We 
 must make our election between economy and liberty or profusion and 
 servitude." Jefferson's Works, vol. 7, p. 14. 
 
 Again he speaks of "emancipation of our posterity from that moral 
 canker, it is an encouragement, fellow-citizens, of the highest order to 
 proceed as we have begun in establishing economy for taxation." Jeffer- 
 son's Works, vol. 8, p. 19. 
 
 CHAPTER XVII. 
 
 In the political campaign of 1863, the peace Democracy denounced the 
 administration for employing Negro soldiers and suppressing the freedom of 
 speech and of the free press, for suspending the Writ of Habeas Corpus and 
 trial by jury. The unconstitutional acts of the administration were boldly 
 denounced by the peace Democrats, through the press and at public meet- 
 ings — for the people were, even now, tired of the war, in consequence of 
 draft, military blunders, and the corruption of the government. The reign 
 of terror inaugurated by Loyal Leaguers who were nothing less than the 
 old " Wide- A wakes, who were Know-Nothings in disguise. The Loyal 
 Leaguers became the nucleus of the "Grand Army of the Eepublic." The 
 people called public meetings for the purpose of adopting some peace 
 measures. The army was tired of the war and the corruption of army 
 contractors and speculators. But the Republican army, who were adverse 
 to peace, introduced a resolution in Congress, to the effect that no com- 
 promise should be made with rebels in arms. That the Republicans would 
 not accept of any proposition short of an unconditional surrender of the 
 Confederate Army and its leaders to the Federal authorities. _ This they 
 well knew would never be accepted by the Confederate authorities, while 
 they had a large army in the field and many strongholds in their possession. 
 The truth of the matter is the Republicans did not want peace with the 
 South until they had crushed out slavery and had put the Negro on terms 
 of equality with the white man, until they had weakened the power of the 
 South and the Democratic party, and had perpetuated the power of the 
 Radicals. The administration and Congress having now the war power, 
 the purse, and the sword, the loyal governors and the State Legislatures, 
 threw off the mask and avowed their policy. The Republicans carried the 
 election by force, fraud, and corruption even at the point of the bayonet, 
 when necessary I Indeed, they were apt scholars. They followed Napoleon's 
 plan of carrying the election by military force. They applied all the means 
 used in England to corrupt or intimidate voters. Schenck carried the 
 election in Maryland and Delaware, this year, at the point of the bayonet. 
 Headley, vol. 2, p. 283. 
 
 By corruption, bribery, force, frauds, and military power, the Lmcoln 
 party carried the eleciions, this year, from Maine to Minnesota. _ After the 
 result of this election was known, Lincoln wrote that "the crisis was past. 
 The authorities at Washington now openly laid the constitution aside. 
 They looked for precedents to the monarchs of Europe and imperial Rome. 
 Although Vallandigham, of Ohio, the leader of the peace Democrats was 
 arrested and banished beyond the Rebel lines, he was now allowed to get 
 back and run for governor. For Lincoln and the Republican party wanted 
 some pretext to connect the Democrats with the rebellion. Indeed they 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 145 
 
 ■wanted to make the Democrats responsible for the war. They wanted to con- 
 found the Vallandigham Democrats with the rebels. This trick succeeded 
 and helped to defeat the Democracy ! — Headley vol. 3, 465. In 1862, while 
 Cameron was secretary of war, he used the machinery of his office to make 
 a fortune. He engaged in various speculations. 
 
 There were, at the commencement of the war, two railroad lines from New 
 York to Washington ; one direct through Philadelphia and the other by 
 way of Harrisbuig, which is the longer route by 80 miles. The bridges> 
 were burnt within the limits of Maryland at "the breaking out of the 
 rebellion. Cameron expended 14,000 dollars in repairing his own road, the 
 other railroad company repaired its own bridges. This put 14,000 dollars 
 into the pockets of Cameron's friends. He had the troops and supplies 
 shipped over the road from Pliiladelphia, Harrisburg and Baltimore, a dis- 
 tance of one hundred miles longer than the other road'. He amassed, 
 while secretary of war, ten millions of dollars and for his pains and de- 
 votion to his country was made minister to Russia. With this vast 
 fortune he was able to control the Pennsylvania Legislature ! 
 
 Cameron placed in the hands of his pet, $3,000,000, to be used as this 
 man might deem fit. A few days after this transaction, this pet drew a 
 quarter of a million of dollars, and put 160,000 dollars of it in his own 
 name, in a New York Bank, in the city of New York, and flO,000 dollars 
 was put into the hands of another pet to meet such expenses as he should 
 make. These were the competent and reliable agents of the secretary of 
 war, Simon Cameron. Not even was the oath of office taken or any secur- 
 ity given, by these Cameronian agents, to the government for the faithful 
 performance of the official duties. This shows a gross, reckless and 
 fraudulent expenditure of the public money; which helped to build monu- 
 ments of debt. Cameron by shipping troops and supplies over his own road 
 gained fifty per cent, profit in one year, which came out of the government. 
 But, he was loyal.— App. Cong. Globe, 1861-3, pp. 131-2-3-4-5. 
 
 The secretary of the Navy gave his pet a commission for the purchase of 
 vessels. To illustrate how the sales were conducted the Daylight and the 
 Dawn, two vessels bought from the Secretary's "eminent merchants," one 
 of them originally cost $45,000 and the other $55,000. They were char- 
 tered by the government till one of them realized $40,000, and the other 
 $30,000. The government paying the expense of repairs and insuring them 
 against perils. Then the secretary's pet purchased the two vessels ; for the 
 one he had paid what the vessel cost four years before, and for the other 
 within $10, 000 of what it originally cost. So the owners of the vessels gained 
 $80,000 and the full cost of his vessels. The government agent received 
 2i per cent on all sales. The more he gave for the vessels the greater the 
 percentage. Thousands of cases of this description might be cited but this 
 will suffice to show how the national debt was piled up. Besides the per- 
 centage, the agent had a salary of $70,000 per annum from the government. 
 
 Such wholesale plunder of the treasury is unknown in the annals of his- 
 tory ! !— App. Cong. Globe 1861-3, pp. 135-6. 
 
 A New York Broker made the sum of $10,000, in the sale of a vessel, under 
 this worthy agent. There was no question asked as to the quality of the vessel, 
 but was the broker loyal — a Republican. In this fraudulent and corrupt 
 manner the secretary of the navy gave a member of bis own household the 
 enormous sum of $95,000, in five months 1 ! 
 
 Any Democrat who was bold enough to denounce this corruption of the 
 government was pronounced disloyal and a traitor. — App. Cimg. Globe, 
 1861-3, p. 136. Gen. Fremont got a grab from the treasury : in the pur- 
 chase of arms. He gained in one transaction $51,335. He bought a lot of 
 
146 CIVIL GOVERNMENT OF THE STATES. 
 
 old Hall Carabines for $3,50 each and sold them to the government for 
 sum of $2a,00 each. This scheme of plunder gave him in all Mfty-t 
 thousand dollars. But, he was loyal! — App. Cong. Globe, 1861-3, p. 1 
 The same General Fremont was the Republican Candidate for President, 
 1856, and the Badical Candidate for President in 1864. He, also, wl 
 in command at St. Louis made money in building worthless fortificatic 
 This is Republican honesty — a premium for corruption. What won 
 that the Republicans wished to conceal from the people the true amo 
 of the public debt. For the people now found that a public debt was 
 a public blessing. 
 
 "We don't feel the war! " was the cry of Contractors and Speculate 
 in our large cities, while the country suffered from misery and the feai 
 havoc of war. Such was the cry among those who made fortunes tv 
 marvelous rapidity and spent it in pleasure and extravagance. They ca 
 but little for the tears of the widow or the orphan. While the wealth 
 the country was poured out, fortunes were made by the money-seek( 
 While brave fellows rushed in multitudes to defend the dear old fl 
 speculators had a rich field to make vast and rapid fortunes out of ar 
 clothing and subsistence contracts for provisions, mules, horses, raih 
 conveyance, steamers, ships, coals, surgical instruments, drugs, and ev 
 thing to sustain or destroy life. The government did not care much ab 
 quality or price but gave the whole thing up to some favorite individi 
 who made vast fortunes in a day. Political and social friends and relati 
 were favored with information where there could be made a good " gra 
 Partisans, brothers, cousins, and brothers-in-law came in first for 
 biggest prizes. Some of them made a hundred thousand dollars in 
 transaction ! by merely signing their names ! They even made snug fortu 
 by the mere transfer of their contracts. They cared nothing for the qua 
 of the thing, so long as it bore the name. Thus came this villainous sliot 
 —the refuse and sweepings of the shops, pounded, rolled, and glued, i 
 hastily got up as clothing for the soldiers. The shoddyites in a few mon 
 erected palatial residences, had splendid coaches, perfumed clothes i 
 glistening silks. Others made fortunes in old spavined horses and mu 
 and all this was accomplished by collusion and favoritism! 
 
 Now came the time for clearing out the refuse of the armories — e 
 where some of the arms were returned by the ordnance departmeiit, yet, 
 bribery they would be accepted. Hundreds of thousands of dollars v 
 spent on worthless arms. One merchant gained two millions of dollar 
 this speculation in one year. Some coal-miners made such fortunes out 
 the government, that in a single year dividends amounted to two-thirdi 
 its capital. Men who were bankrupts a few months before suddenly cc 
 count their fortunes by millions. This caused a mania for speculat: 
 pervading the whcle community. The cry was, What is the price of f 
 to-day ? 
 
 The sudden flow of wealth on contractors and speculators, brought 
 profusion never before seen in the country. Stables were built of mar 
 costly furniture, clothes, and silks were imported in abundance. Fori 
 luxury was the order of the day, men buttoned their waistcoats i 
 diamonds, and women powdered their hair with gold and silver dust. ' 
 had ah injurious eftect on the morals of the people. This rage for we 
 is fast taking hold of all classes — many, very many care little about 
 means of getting riches to spend in luxury. This class certainly did 
 feel the war so long as there was a prospect of making money out of it- 
 one seemed to care for the country or for its welfare. Any one who sh( 
 speak against this waste of the people's money, was called a copperh 
 
CONSTITUTIONAL IIISTOKT OF UNITED STATES. 147 
 
 traitor and rebel sjmpathizer — they could give thousands to partisan news- 
 papers and stump speakers for denouncing those who were in favor of peace. 
 Although *e have incidentally spoken of arbitrary arrest we devote fur- 
 ther space to this topic ; during the reign of terror and the unconstitutional 
 and dictatorial career of the administration no one was deemed safe from 
 illegal arrest, who differed with the party in power, in politics or other- 
 wise. The mere suspicion of being disaffected to the administration, was 
 enough to be arrested and sent to some military prison, even without 
 charges being preferred. In these evil days of discretionary power, under 
 the tyrant's plea of "military necessity," to criticise the government or 
 "Lincoln's policy,"' was punished with incarceration in a military dungeon. 
 Mr. Seward held that to differ with the administration, was to oppose the 
 Federal government. In this reign, Lincoln was the government; but 
 when President Johnson differed with the Radicals, then "Congress was 
 the government." These illegal and arbitrary arrests and imprisonments were 
 made to crush all Democratic opposition; to break down the spirit of the 
 people, so as to make them fit subjects for future military despotism and 
 unconstitutional acts and to reduce the southern states to mere territories ! 
 During the first seven months of the war four hundred persons were 
 arrested at the mere tinkle of Mr. Seward's "little bell." Did the founders 
 of the government ever think that a mere secretary of state should assume 
 powers, which even eclipsed the tyranny of the star-chamber during its 
 worst days ? Mr. Seward issued an order that the names of the parties 
 arrested should not be published— enormous arrests were made in Kentucky, 
 Missouri and Maryland. More than ten thousand persons were arrested 
 by Seward's omnipotent "little bell." Thousands were doomed to remain 
 in government bastiles without knowing the cause of their arrest. To 
 prevent persons from inquiring into the cause of their arrest, Seward 
 issued the following ominous order, that "the United States will not 
 recognize any one as attorney for political prisoners, and will look with 
 dUiruat upon all applications for release through such channels, and that 
 such applications will be regarded as additional reason for declining to 
 release the prisoners." Thus people were punished for inquiring why they 
 were torn from their houses, families, and friends and shut up in military 
 dungeons. Eepublicans called this liberty; and all who complained of 
 such arrests were denounced as traitors, copperheads and rebel sympathizers 
 ^all this was done by a party that claimed to be the law and order party. 
 Not in one single instance, was any of the thousands who were arrested 
 brought to trial in the courts, or an accusation filed or an indictment 
 found. In all these cases of arbitrary arrests, we have confined ourselves 
 to those made in the free states. Democrats in the northern states, who 
 had the manhood to criticise the policy of Lincoln and his officials were 
 arrested for exercising their right of free speech. Indeed, during the war free 
 speech was suppressed at the point of the bayonet ! 
 
 Editors of newspapers, who differed with the administration were ar- 
 rested upon spurious charges of not suppoiting the administration; "dis- 
 couraging enlistments;" "writing treason;" "being a prominent Demo- 
 crat;" "publishing treasonable articles;" the displeasure of the loyal 
 authorities ; " "publishing articles distasteful " to the Lincoln administration ■ 
 "for speaking freely of the draft. ' 
 
 Democrats were incarcerated in the government bastiles merely for 
 making Democratic speeches— on charges of "disloyalty" — on charge of 
 sympathy with secession " — for cheering for Vallandigham — usino- 
 seditious language"— "publicly expressing disloyal sentiments "—for 
 being a newspaper correspondent— for condemning the policy of Lincoln— 
 
14:8 CIVIL GOVBENMENT OP THE STATES, i 
 
 for refusing to take the oath of allegiance — for publicly opposing Lincoln's 
 administration^for disapproving of Lincoln's Emancipation proclamation — 
 for saying that Lincoln's emancipation was "unwise, impolitic, and 
 uncalled for" — for being seen to "smile over a rebel victory" — for 
 not "praying for Lincoln" — for making speeches in favor of the 
 Democratic party" — several persons were arrested and sent to prison 
 without ever knowing the cause of their arrest-^-lawyers were arrested for 
 merely prosecuting Republicans. Clergymen were seized at the altar, with 
 prayer-book, in hand, while praying to their Maker, and dragged out of 
 Church ! Hon. C. L. Vallandigharii was arrested by order of General 
 Burnside, May 5, 1863, charged with "declaring disloyal sentiments and 
 opinions." He was one of the leading members of Congress who opposed 
 Lincoln's administration. He was tried by a military commission, while the 
 courts of the country were open. He was found guilty, in direct violation of 
 the Constitution of the United States. He was sentenced to be imprisoned in 
 Fort "Warren during the war. This sentence was commuted to banishment ; 
 a sentence unknown to the laws 1 Heretofore no one ever thought that the 
 government would enforce such a vile act of despotism. This was, indeed, 
 a revival of the alien and sedition laws with a vengeance, which had 
 proved the political death of the John Adams blue-light Federal party ; 
 but under a worse system, for Adams and his blue lights had an act of 
 Congress to give them color of power, authority ; but the administration and 
 its political friends had no law but that of the bayonet. For Thomas Jef- 
 ferson and the Democratic party hq.d swept the alien and sedition laws 
 from the Statute books. 
 
 Rev. James L. Vallandigham of Delaware, was arrested, July 1863, on 
 account of his name— men were arrested for merely having relations in the 
 Rebel army! On the 13th September, 1861, the Maryland Legislature was 
 arrested. In May, 1862, by mere order of General Dix, Judge Carmichael 
 was assailed, while on the bench in open court, beaten and knocked down, 
 and dragged from the court house bleeding and senseless, and sent to Fort 
 La Fayette. For in the exercise of his judicial duties, he charged the 
 grand jury of his country, that Lincoln had not authority to order arbitrary 
 arrests. Ex-Governor Morehead, of Kentucky, without any charge was 
 dragged from his bed, at night, and sent to Fort La Fayette. A news- 
 paper called the Kent Conservator, was suppressed by order, of Gen- 
 eral Lockwood for commenting on General Schenck's treatment of the 
 women of Baltimore ; The New York Freeman^s Journal was suppressed and 
 its editor McMasters sent to Fort La Payette. Mahony, editor of the 
 Dubuque Herald, was arrested merely for being a Democrat, and sent to the 
 Capitol prison at Washington. The editor of the St. Louis Christian 
 Advocate was arrested for publishing what was then called by the party in 
 power, treasonable articles and the paper suppressed. It was deemed 
 treason to dififer with the administration! Several other papers were 
 suppressed either by the government or the Republican mob. For, as in the 
 time of Cromwell and the reign of terror in France, the mob and the gov- 
 ernment concluded to put down free speech and a free press! 
 
 G. W. Porter secretary of the board of trade, Baltimore, was arrested, in 
 1863, and sent to Fort La Fayette for repeating an account of one of 
 McClellan's battles. The Police Commissioners of Baltimore were sent to 
 Fort La Fayette, in 1861. Ex-Senator Gwin of California, was arrested, in 
 1861, at Panama, by General Sumner, and sent to Fort La Fayette, on 
 charge of "publicly expressing disloyal sentiments." Thus, the adminis- 
 tration crushed out all manner of opposition. What right had a general, 
 merely on his own motion, to arrest outside of the United States, any one 
 
CONSTITUTIONAL DISTORY OP UNITED STATES. 149 
 
 for words spoken ? Several clergymen were arrested for refusing to pray for 
 the President of the Uijited States. The Rev. Robinson of Kentucky, was 
 banished to Canada for not supporting the war. The administration had 
 no scruples as to the manner of crushing out all opposition, Gibson, a prom- 
 inent Democrat of Illinois, was arrested, in 1862, and sent to Cairo ; thence 
 to St. Louis and incarcerated. He was brought before the provost marshal 
 and questioned as to what he thought of Lincoln's administration and if he 
 thought that the President had violated the Constitution. Not giving satis- 
 factory answers he was held in durance vile for three months. 
 
 Dr. Ross of Illinois was arrested, in 1863, for merely drawing Ms finger 
 across his nose — others were imprisoned merely on the frivolous charge of 
 "conspiring against the government." For being "secessionists." For 
 having "secession proclivities," on charge of being "knights of the golden 
 circle." For being " sons of liberty." And in many instances at the mere 
 whim or caprice of the administration or the military authorities! 
 
 The judiciary of New York and Maryland have pronounced the illegal 
 arrests of the President and his cabinet and of the northern generals uncon- 
 stitutional! After the defeat of the administration, in the fall elections 
 of 1863, the administration seeing that arbitrary arrest and usurpation were 
 condemned by fehe popular vote released the prisoners in Fort Warren 
 and La Fayette, among whom was a boy only sixteen years old, who had 
 been arrested on mere suspicion. But, after the Republicans became again 
 successful at the elections, by force, fraud, and corruption, they resumed 
 the reign of terror and arrested and imprisoned on mere suspicion until 
 the end of the war. The Radical reign was as tyrannical as the reign of 
 terror in France, during the reign of the Red Republicans! Oh! how 
 strange to behold Radicals, who, before the war, preached so much about 
 free speech and free press, now, thaf they had the military power in their 
 hands, mob, "lynch," or banish any one who did not support the war 
 or who favored peace or who denounced the corruption of the party in 
 power or who did not support emancipation, confiscation, devastation and 
 Whig equality. 
 
 The Radicals held various opinions. The New York Tribune said Jan. 
 23d, 1863, after the defeat of the Republicans and at the fall election in 
 1863. "If three months more of earnest fighting shall not serve to make 
 a serious impression upon the rebels, if the end of that time shall find us no 
 further advanced than its beginning — if some malignant fate has decreed 
 that the blood and treasures of the nation shall ever be squandered in fruit- 
 less efibrt let us know our destiny, and make the best attainable peace." 
 So Greeley and other Radicals could talk peace, disunion, or treason at 
 pleasure ; but if a Democratic paper should find fault with the administra- 
 tion it was suppressed and the Editor bastiled ! 
 
 As the Radicals quoted Jeiferson, freely, before the war, we give an 
 extract from Jefferson on the freedom of the press : 
 
 "As to myself, conscious that there was no truth on earth which I feared 
 should be known I have lent myself willingly to the support of a great ex- 
 ' periment, which was to prove that the administration conducting itself with 
 integrity and common understanding, cannot be battered down even by the 
 falsehood of a licentious press. This experiment was wanting for the 
 world to demonstrate the falsehood of tlte pretext that the freedom of the 
 press is incompatible with order and government. I have never even con- 
 tradicted the thousands of calumnies industriously propagated against 
 myself. But the fact being once established that the press is impo- 
 tent, when it lends itself to falsehood within the pale of truth, with that 
 it is a noble institution equally the friend of science and civil liberty." — 
 
150 CIVIL GOVERNMENT OP THE STATES. 
 
 Jefferson's Works vol. 5. p. 43-4. Again, he says in his letter to Wash- 
 ington : — ■ 
 
 "No government ought to be without censors: and when the press is free 
 no one ever will ; if virtuous, it need not fear the fair operation of attack 
 and defence. Nature has given to man no other means of sifting out the 
 truth, either in religion, law or politics. '' I tUink it is honorable to the 
 government neither to know, nor notice, its sycophants or censors, as it 
 would be undigniiied and criminal to pamper the former and prosecute the 
 latter." Jefferson's Works vol. 5. p. 13. 
 
 "Public duties more urgent press on the time of public servants, and the 
 offenders have therefore been left to find their punishment in the public 
 indignation." — Jefferson's Works, vol. 8, p. 43. " Truth and reason have 
 maintained their ground against false opinions in league with false facts, 
 the press, confined to truth needs no legal restraint ; the public judgment 
 will correct false reasonings and opinions; and no other definite line can be 
 drawn between the inestimable liberty of the press and its demoralizing 
 licentiousness. If there be still inproprieties which this rule would not 
 restrain, its supplement must be sought in the censorship of public opinion." 
 — Jefferson's works vol. 8, p. 49. Did the administration and Congress 
 follow the noble example of Thomas Jefferson towards the press ? Oh, no, 
 but they followed the example of John Adams, whose disciples they were, 
 and muzzled the press ! 
 
 The following is from T. Pickering, Secretary of State under John 
 Adams; July, 34, 1799: 
 
 "I shall give the paper" (a newspaper called the Aurora) to Mr. 
 Eawle, and if he thinks it libellous, desire him to prosecute the Editor. 
 I presume therefore that he ithe editor of the Aurora) "is really a British 
 Subject" (an Irishman) "and as an alien, liable to be banished from the 
 United States." 
 
 "He is doubtless a United Irishman." — Works of Adams, vol. 9, pp. 3, 4. 
 
 John Adams to the Attorney General, May 1800: 
 
 " I transmit you a copy of the resolutions of the senate of the United 
 States passed in Congress on the 14th of this month, by which I am re- 
 quested to instruct the proper law officers to commence and carry on a 
 prosecution against William Duane, Editor of a newspaper called the 
 Aurora, for certain false defamatory, scandalous, and malicious publications 
 in the said newspaper of the 19th of Feb. last partly tending to defame the 
 senate of the United States, and to bring them into contempt and disrepute 
 and to excite against them the hatred of the good people of the United 
 States. In compliance with this request, I now instruct you, gentlemen, to 
 commence and carry on the prosecution accordingly." 
 "With great esteem, etc., 
 
 " John Adams." 
 — Works of Adams, vol, 9. p. 56. 
 
 John Adams followed in the footprints of the British government in its 
 prosecutions for libel. The Republicans, during the war, went further 
 than ever England or the Federalists, for Editors never got a trial. But, 
 at the mere whim of the President, his Cabinet, Generals, and provost- 
 marshals, democratic papers were suppressed and their Editors im- 
 prisoned. Democratic papers were excluded from the United States 
 Mails by military orders. What wonder that the Radicals don't quote the 
 writings of Jefferson ! 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 151 
 
 CHAPTER XVin. 
 
 The campaign of 1864, opened with vigor on the part of the administra- 
 tion, for it was evident that if the Union troops did not gain some decisive 
 victories that Lincoln could not be re-elected. Banks failed in his Red River 
 expedition. He went up that river to make a fortune out of cotton, but he 
 got beautifully whipped. Sturgis was defeated at Guntown, so that the 
 Confederate army was generally successful in the West, Charleston and 
 Sumter defied the efiorts of Gilmore,and Johnson was in the way of Sherman 
 on his road to Atlanta. March 8th 1864, the President presented Grant with 
 the commission of Lieutenant General ; and on the 12th he was assigned to 
 the command of all the armies of the United States. April 23th, 1864, the 
 governors of Ohio, Illinois, Iowa, "Wisconsin, and Indiana ofEered 85,000 
 men for 100 days. 
 
 July 13th 1864, General A. J. Smith defeated General Forrest at Tupelo 
 in five difierent battles. The object of this r^id was to cut the Mobile and 
 Ohio Railroad. The battles lasted for five days, the Union troops fought 
 with bravery and valor and completely defeated the confederates and cut 
 up and destroyed a large portion of the railroad at this point, and then 
 marched back to Memphis. Old England allowed her blockade runners to 
 supply the Confederates with arms and ammunition ; in 1864, the Crenshaw 
 and Collier line of steamers made a practice of running the blockade. In- 
 deed England since the commencement of the war did all in her power to 
 aid the southern cause and to break up the Union. We turn to the army of 
 the Potomac, where the Union troops suffered several defeats in consequence 
 of the blunders of the administration in removing from command General 
 McClellan, the only man who could cope with Lee. Before Grant took 
 command of the army, he told the authorities at Washington that he would 
 not take command unless he got full control of the campaign for he re- 
 membered that McClellan was defeated by the interference of the Washing- 
 ton authorities. Lincoln consented to give Grant control of the army provid- 
 ed that he would not be a candidate for President. He had made the same 
 proposition to McClellan, but that soldier spurned his offer with high disdain. 
 Grant accepted this offer and said to his friends that he did not want to be 
 President — that he was a poor man. That he was sure of his salary as 
 general. That without oflBce he could not support his family. That if he 
 should run for President, and get defeated that he had nothing to fall back 
 upon for his support. 
 
 Grant had things his own way. He could march when he was ready. 
 He was not ordered like other Commanders of the army of the Potomac, to 
 march on a certain day. Thus, Grant was left free to carry out his own 
 plans without interference of the Secretary of war or the politicians. — 
 Headley vol. 3, p. 315. When the politicians requested Lincoln to control 
 the actions of Grant, he said : " I have sent for Mr. Grant over the mountains 
 — I have tried my plan long enough— let Grant have his own way." The 
 people were now apprehensive that Lincoln could not put down the rebel- 
 lion ; and he knew that if something was not done to put it down he could 
 not be re-elected. He knew that if Grant failed he could shift the whole 
 responsibility on him. If on the other hand Grant should succeed it would 
 give him another term of the Presidency. Indeed, it was feared that Lin- 
 coln not only wanted to be re-elected, but that he wanted to be President 
 for life. (Beware of a third term.) Grant on being made commander-in- 
 chief adopted the McClellan plan, to move two armies simultaneously on to 
 Richmond and through Georgia. — Headley vol. 2, p. 287. 
 
153 CIVIL GOTEBNMENT OP THE STATES. 
 
 Soldiers were ordered to their regiments and supplies were ordered to the 
 front by water and rail. Previous to the campaign of 1864, soldiers were 
 scattered from Maine to Minnesota, and from New York to California. 
 Now, Grant ordered even the sick soldiers in hospitals to be sent to the 
 front as soon as they were able to march or do garrison duty. Soldiers 
 who were detailed around posts and cities were also ordered to their com- 
 mands. He called upon the states for 100 day men for garrison duty. 
 Every soldier that could be spared from Fort Snelling to the Gulf of Mex- 
 ico was sent to the front. 
 
 The Union army, in 1864, mustered one million of men. — Greeley's Am. 
 Con. vol. 1, p. 759.— Lost Cause, 510-11. 
 
 Kilpatrick made a raid around Richmond with the bold intent of mak- 
 ing one dash on the rebel capital to release the union prisoners. He failed 
 in the bold enterprise. Grant's army about Kichmond was estimated to be 
 about two hundred thousand men. Grant sent Butler to capture Peters- 
 burg, and to destroy the south side railroad and then to march around 
 Richmond until his left rested on the James, and form a junction with 
 Grant's arYny.— Headley, vol. 3, p. 349. 
 
 Lee wanted but slight success to compel Grant to recross the Rapidan 
 on the first day's battle of the Wilderness as he did Hooker. — Headley, vol. 
 2, p. 353. Grant had telegraphed to the Secretary of war, "I propose to 
 fight it out on this line, if it takes all summer. But after the battle of the 
 Wilderness he had to change his mind and adopt theMcClellan plan. — 
 Headley, vol. 2, p. 364. 
 
 May 9th 1864, Butler telegraphed to Grant and the press, that he had cut 
 Beauregard's army in two. That General Grant would not be troubled with 
 any more reinforcements from Beaureguard to Lee. — Headley, vol. 2, p. 369. 
 
 But notwithstanding this boast. Gen. Beauregard, on the 16th of May, 1864, 
 made a dashing charge on Butler and compelled him to fall back on Ber- 
 muda Hundred, between the forks of the James and the Appomattox River, 
 (Headley, vol. 3, p. 378.) Thus the boasting beast was "corked up." But- 
 ler was a "political general," he attempted to blow up Fort Fisher by ex- 
 ploding a ship filled with three hundred tons of powder. — Youth's History 
 of the War, 353. 
 
 In the meantime Grant dashed against the fortifications of Spottsylvania 
 in order to get to the North Anna, in sight of Lee's army. He was de- 
 feated and forced to move by the left flank. — Headley vol. 3, p. 383, 
 towards Cold Harbor in order to cross the Chickahominy. Lee defeated 
 him at Cold Harbor. Grant lost severely at both these places, Sigel had 
 failed, in the Shenandoah valley; Gilmore had failed, and Grant stole away 
 from Lee and crossed the James. The anxious inquiry was "what is next 
 to be done." 
 
 Had the authorities at Washington allowed McDowell to reinforce Mc 
 Clellan, in 1863, when the army of the Potomac was in sight of the spires 
 of Richmond McClellan would have then taken Richmond and ended the 
 war. Oh! what a waste of blood was sacrificed under Burnside, Pope, 
 Hooker, and Grant, which could have been saved had the administration 
 given McClellan his own way, and what men he wanted. All this waste of 
 money and human gore was sacrificed for political purposes ; to prevent the 
 democracy from getting into power. Oh ! what thousands' of lives were 
 lost — what a mountain of debt was accumulated — what lives lost in loath- 
 some prisons and military hospitals — what suflering and agony — thousands 
 of brave men met death in foul prisons. — Oh ! what heartrending of parents 
 on the death of their children — the tears of widows and orphans all shed to 
 keep the Republicans in power — all shed to prevent the democracy from 
 
CONSTITUTIONAL HISTORY OF USITBD STATES. 133 
 
 getting into power!! What a lesson for future generations. For be it re- 
 membered that all the lives that Grant sacrificed from the Eapidan to the 
 James could be saved: had he followed McClellan's plan of moving hia army 
 on the James by water. For McClellan was right when he said that 
 Washington was best defended at Richmond. Grant now found that he 
 could not "fight it out on this line." 
 
 Grant thought that he could cut off Lee's communication with Richmond. 
 We leave Grant pounding away in front of Petersburg and Butler digging 
 his famous Dutch gap Canal, which he commenced Aug. 9, 1864. This 
 canal was as great a failure as Grant's canal before Vicksburg! We turn 
 to the western department. We find that Banks was defeated by Stonewall 
 Jackson in the valley, and that he was defeated in his Red River expedition, 
 which was made for cotton speculation ; he having the sanction of both 
 Stanton and Halleck. In this expedition he lost 8000 killed, wounded 
 and prisoners, 35 pieces of artillery, 1300 wagons, one gunboat, 3 Transports 
 and 20,000 stand of arms. — Lost Cause p. 498. Yet, strange to say he was 
 made commander of the Gulf Department. But, he was loyal, he was not 
 a democrat, he was in favor of Lincoln's policy! On the 5th of August 1864, 
 Admiral Farragut took Mobile Bay, and Fort Gaines on the 8th and on the 
 10th Aug. 1864, Sherman's forces bombarded Atlanta, which soon fell and 
 Sherman commenced his march to the sea. The fall of Mobile and the 
 depredations of the Alabama on American commerce were the great naval 
 events of the year 1864. 
 
 Although the Democrats had suffered a defeat in 1868 they now made a 
 vigorous preparation for the campaign as early as the Spring, on a peace 
 platform. For the people were tired of the war and the party in power, 
 taxation and the draft, the tariff and the high prices of all the necessaries 
 of life. The Republicans did all in their power to delude the people. 
 They stopped for no law human or divine, which thwarted their ambition or 
 stood in their way to power and plunder. And as the high price of gold 
 was one of the causes of the high prices of provisions, they passed an act 
 which made it penal for any one to sell or exchange for specie at more than 
 ten days at the time and that over their own counters, yet gold went up to 390, 
 notwithstanding this 'gold bill.' Peace meetings were now held every- 
 where denouncing military despotism, the draft and the policy of the adminis- 
 tration and military blunders, corruption and custom-house frauds. The 
 government used the military power to smother free speech and free press. 
 Many newspapers were suppressed. The New York World and the Journal of 
 Commerce were seized by order of General Dix, and the Chicago Times was 
 threatened. Governor Seymour wrote to the district attorney of the county 
 of New York to prosecute General Dix for suppressing the New York TForM 
 and the Journal of Commerce. — Life of Seymour and Blair, p. 173. In some 
 military districts Lieutenants took the grave responsibility of suppressino- 
 newspapers in their districts and of preventing their sale. The commander 
 of every army and the commander of every post could say what papers could 
 be read or excluded from the lines. Lincoln made some show of a desire to 
 receive rebel peace commissioners ; but it was all a political sham to delude 
 the public — a mere electioneering trick. Colonel Jacques, a methodist clergy- 
 man of Illinois and a Mr. Kirke, self-constituted ambassadors got throuo-h 
 the lines to Richmond, having private passes from the authorities 'at 
 Washington and had an interview with Davis and his cabinet. 
 '■ Early in July, 1864, Horace Greeley received a letter from W. C. Jewett, 
 stating that prominent rebel commissioners would meet hira at Niagara, 
 Canada, respecting terms of peace. N. Saunders informed Greeley that 
 Clay of Alabama, Holcombe of Virginia and himself would meet him- on 
 
154 
 
 CITOi GOVERNMENT OF THE STATES. 
 
 a mission of peace as soon as they had the necessary passes from Washing- 
 ton. That they would on these conditions go to Washington to confer with 
 the President. Greeley replied that they could have safe passes to Wash- 
 ington if they could show authority from the Richmond government to 
 treat of peace. This they could not do and Lincoln issued his famous 
 proclamation " to all whom it may concern." 
 
 Thus ended the whole matter. This was a political trick on the part 
 of the administration to disarm the peace party by a pretext that the 
 administration wanted peace but that the South did not. The Republicans 
 were not yet tired of the war. They had not yet established Negro equality, 
 and they were feathering their own nests, and carrying out the doctrines 
 and principles of the Federal party and making the way easy for the 
 establishment of their model government the British Constitution. —Headley 
 vol. 3, p. 463-4-5-6. The administration rejected peace measures from 
 the South. In 1864, the peace party in the South, was on the increase: 
 Governor Brown of Georgia gave some trouble to Jeflf. Davis. He took a 
 most decided and prominent stand for peace and state-rights. For this 
 cause he was denounced by Davis. 
 
 CHAPTER XIX. 
 
 In the campaign of 1864, the whole people north and south were tired of 
 the war. The soldiers who had volunteered in 1861, their term of enlist- 
 ment had expired — they found from experience that the war was not alto- 
 gether for the constitution and the Union but was also used for mere party 
 purposes, favoritism and speculation — that a system of plunder had 
 pervaded the whole army from Washington to the commanders of compan- 
 ies ! The people were not now willing to enlist, for they found that every 
 one in power was for himself more than for the country. So the govern- 
 ment had to give additional bounty for Veteran Soldiers, and as the rich 
 Republicans did not want to fight for the country, although they were will- 
 ing to accept contracts where they could make fortunes or take the office 
 of Provost-marshal, in some country town wheie they could play '■'■a petty 
 Nero,'' so they raised bounties, in towns, cities, and counties. Republicans, 
 who when the war broke out made war speeches and mobbed those who 
 spoke of peace or compromise, now, when they were called upon to fight 
 for the country government, sulked back, and tried every device to avoid the 
 draft. The doctors and provost-marshals made fortunes in taking bribes 
 for exempting men from the draft, who were able-bodied men. Such was 
 the commotion created by tlie draft that the Republicans sent even to Canada 
 and Europe for substituies for which they paid as high as two thousand 
 dollars. Sharpers along the Canada frontiers smuggled over substitutes, 
 who were even drugged and intoxicated by these rascals. Thus Canada 
 furnislied thousands of recruits for the Northern army. 
 
 So unpopular had the draft become, in 1864, that meetings were held to 
 avoid it and to raise bounties and to encourage enlistments. 
 
 New England which had brought on the War as much as South Caro- 
 lina by her political principles did not furnish her quota, but liad more 
 exemptions from the draft than any other section of the county. Such was 
 the rage for substitutes, to avoid tlie draft, tliat military officers sold their 
 men as substitutes. A colonel of a volunteer regiment, while his rtJgiment 
 
CONSTITUTIONAL HISTOET OF UNITED STATES. 155 
 
 was organizing in the city of New York, was put under arrest for thus 
 defrauding the government by selling his men. It was shown that he had 
 sold one hundred of his men\o fill up the quota of a country town, for 
 which he had received the sum of $7, 800 ; other officers were found guilty 
 of the same malpractices. It seems that the people were seized with a 
 national mania for plunder, fraud, and corruption. For although millions 
 of dollars were raised at the north by sanitary fairs; the soldiers got very 
 little of it; the greater part being squandered by the officers, the christian 
 commission and loafers around headquarters. 
 
 The administration not being able to get to the front one half of the five 
 hundred thousand, which were called out. Indeed, had the war continued 
 another year the north would not be able to put down the rebellion for 
 volunteeringhad now "played out." — Headley, vol. 2, p. 463. Nothing now 
 could get soldiers into the field but the draft or a bounty. The authorities 
 at Washington had a particular spite against the city of New York, for 
 being democratic, and the population being nearly foreigners, so they 
 drafted more men out of New York city than its full quota — to drive the 
 Sermans and the Irish into the army, so as to save the Kepublican districts 
 in the western part of the State. This caused the great riot of New York. 
 The poor men all over the country found that they had to go and do the 
 Sghting while those who had money could stay at home, for medical men 
 Bxempted for a bribe — each medical stafE had a band of unprincipled, and 
 greedy runners, who drummed up the parties who wanted exemption. These 
 greedy cormorants preyed on the misfortunes of their fellowmen. . 
 
 New York had furnished more men than any other state in the union in 
 proportion to her population. Yet the authorities at Washington ordered 
 ;he provost-marshal of New York to draft. The city of New York felt 
 indignant at the course the Federal government was pursuing in drafting 
 from the nine democratic districts, 33,739 men, while the nineteen western 
 iistricts were to furnish but 39,626. In consequence of this outrage a 
 violent riot broke out in New York. Governor Seymour and Bishop 
 Sughes quelled the riot by addressing the mob; for this the governor was 
 slamed by Greeley and the Republican party. Governor Seymour wrote 
 ;o Lincoln to correct the statement of the Provost Marshal as his statement 
 iid not agree with that of the State Adjutant of New York. The coriection 
 fras made and Lincoln and the war department allowed Gov. Seymour 
 13,000 men as an excess. For this Seymour was thanked by a Republican 
 egislature (Life of Seymour and Blair, 133). Governor Seymour denounced 
 irbitrary arrests and the unconstitutional acts of the Federal government. 
 The New York agents appointed to take the soldiers' votes wire arrested 
 n Washington, without just cause, and the soldiers' votes given for 
 llcClellan and Seymour held back until after the election, and by this fraud 
 jincoln carried the state of New York. Foul play and the corruption of 
 he ballot-box, were the favorite tricks of the Republicans. — Life of Sey- 
 nour and Blair 194-5, 303, 188-89-90. 
 
 The great question of 1864-5, was how to escape the draft, various were 
 he devices resorted to. The gutters were dragged for substitutes ; even 
 oyal Massachusetts brought negro slaves to the rescue. Massachusetts 
 ipplied to the Southern states to get her a few colored soldiers to fill her 
 [uota— what became of the promise of Governor Andrews, that if "slavery 
 rere abolished the roads from Boston to Washington would be blocked 
 dth soldiers." Even the Radicals went further than any despot of Europe 
 or they drafted into the army Catholic Priests. Priests were exempt from 
 ailitary duty even by Pagans ! Wliat wonder that deserters were leaving 
 he army by thousands. Rebel soldiers were now draening in great num- 
 
156 CIVIL GOVBBNMENT OP THE STATES. 
 
 bers. Traps were set in Europe to catch the poor immigrants on their 
 arrival in this country— not a patriotic response from the wealthy. Yet 
 they blamed the poor man for not enlisting. Republican papers had raised 
 the mad accusation of '-'Cowardice." They spoke of "draft shifting." 
 But, strange to say these Editors themselves would not shoulder a musket, 
 even if the south should go out of the union, and Lee should invade 
 Boston ! These noisy and virulent agitators and fermenters of slaughter 
 did nothing but preach since Lincoln called out 75,000 men till the close 
 of the rebellion. But, to add to the suffering of the working people and 
 to shelter Republicans from going to the front countless frauds were perpe- 
 trated iri making out the draft. As the whole machinery was in their own 
 hands they had no scruples in throwing the burden of the war from their own 
 shoulders on the democrats and foreigners. 
 
 In consequence of this practice many claimed protection from foreign 
 governments. The Radicals made great promises to the soldiers— they 
 promised them land warrants which they failed to give ! In order to carry 
 the election by force, fraud and violence the Republican party instituted a 
 reign of terror. The press was muzzled in the army ; all military news 
 was interdicted unless it was favorable to the party in power and the 
 authorities at Washington. Newspapers that opposed the administration 
 were silenced in this way. Many of the newspapers that were secretly 
 opposed to the administration were silenced. They were under the terror of 
 the mob and the government officials. What a strange affair was this. 
 Thousands who a few years before the war, could not.be made to believe 
 that the freedom of speech or the press would be suspended, now, in their 
 Fourth of July orations denounced all who claimed the freedom of speech 
 as rebels and copperheads. 
 
 While the Republicans were indulging in their high-handed acts of des- 
 potism the democrats of the north supported Lincoln to put down the 
 rebellion with men and money. Democrats poured out their blood to support 
 the flag. Indeed, such was the rage for arrests that about 30, 000 were 
 made during the war. Thousands were dragged to prison without an op- 
 portunity of seeing their friends. They were not informed of the cause of 
 the arrest. Detective police were not allowed to report to the press or to 
 allow their books to be inspected. Oh, thou, reign of terror!! 
 
 The party that spoke and wrote so much about the freedom of speech 
 and of the press were the first to strike it down when they got into power. 
 Democrats while in power, never denied the people the right to criticise 
 the acts of public servants — their motto was that the rulers were but the 
 servants of the people. That governments were made for the people. 
 The Republicans now held that the people were the servants of the rulers. 
 That the people were made for the rulers ! Before the advent of the Repub- 
 licans into power, the Republican pi ess teamed with vile and wicked abuse 
 .of James Buchanan : but, now, should any one say a word against Lincoln, 
 he was either visited by the so called loyal mob, or incarcerated in some 
 military dungeon. The same tyrants who made it treason to speak against 
 Lincoln, abused Johnson, their own candidate, "for having a policy of 
 his own " and for following the Constitution of his country. Democrats in 
 Congress, by a vote of 54, thought to bring the matter of arbitrary proceed- 
 ings before Congress but in vain. Democrats, who became disgusted with 
 the arbitrary measures of the party in power, were opposed to Lincoln and 
 opposed a formidable front in the presidential campaign of 1864. The 
 Radicals made an effort to pave the way for church ami state. Col. B. G. 
 Farran, commanding at Natchez, issued an order requiring all pastors of 
 churches to make public recognition of the allegiance to the government ; 
 
CONSTITDTIOKAL HISTORY OF UNITED STATES. 157 
 
 id to pronounce a prayer appropriate to the^times, and expressive of a 
 -oper spirit towards the chief magistrate of the United States. The 
 ishop of Natchez, refused to comply with the order. He was arrested and 
 nt beyond the lines and his Cathedral closed. A clergyman in central 
 ew York, wrote thirty letters in two months giving a list of such of his 
 jighbors whom he wanted to have arrested. The President issued an 
 •der to the police to make arrests. They held the name of Democrat as 
 [uivalent to traitor, even it was enough to justify an, arrest that the party 
 as a democrat. — Lost Cause, 565. 
 
 Several other churches were closed and the pastors imprisoned for not 
 raying for Lincoln, while the Radicals were preying on the country ! 
 The reign of terror was so complete that Burnside issued an order, 1863, 
 ir sending Democrats and all who opposed the government beyond the 
 Bderal lines. That all copperheads, a name given to all who opposed Lin- 
 iln's administration, be tried as spies and traitors and on conviction to 
 ffer death. The government had established a system of spies all over 
 e country. The government had a list of 850 alleged sympathizers on the 
 )oks in Washington, who were to be sent South on the least provocation. 
 tie United States had police detectives, during the war and persons em- 
 irking at American ports were thoroughly scrutinized. The government 
 tablished a system of passports relative to vessels leaving the port of New 
 ork through Long Island Sound or Sandy Hook. The passengers and 
 ews were searched. The department stationed a man-of-war at Throgs' 
 eck and one at Sandy Hook with orders to detain all American vessels 
 id outgoing steamers and sailing crafts not provided with a pass from 
 .e United States Marshal. Orders were given to imprison in Port War- 
 n any person in whose possession contraband arms or correspondence 
 ere found. The marshal ordered the owners of vessels to exercise a 
 gid scrutiny over all persons going on board either as passengers or crew, 
 bis passport system was the result of a cabinet meeting. During this 
 ign of terror women and little children were imprisoned for making some 
 olish remarks about the war, or for finding fault with Lincoln, or for 
 ;tering one word of sympathy for the South. 
 
 During the campaign of 1864, the press teamed with charges of Custom- 
 ouse frauds. Even the rebels were supplied with arms and ammunitions 
 ■ war from New York, Some of the Custom House officers were acting 
 jents of blockade runners. Bonds were extracted from the Custom-House ; 
 vestigations of those charges were not made in public, but in private, so 
 to hush matters up until after election as Mr. Stanton's own pets were 
 leged to be the guilty party. Frauds in the fiavy yard were peipetrated 
 I the laboring men and clerks. The stream of corruption from Washing- 
 n, as the fountain head, pervaded the whole country, and set an example 
 dishonesty. Lincoln (having made terms with both Grant and Chase that 
 consideration that the former would be made commander-in-chief of the 
 hole union army and the latter phief justice of the United States they 
 Duld not run for President) wa> nominated for President and Andrew 
 ihnson of Tennessee for Vice-President. McClellan and Pendleton were 
 iminuted by the Democrats. Fremont was the champion of the Radicals. 
 The democrats were struggling for the constitution and the nnion while 
 e Republicans were struggling for military power and for strengthening 
 e powers of the Congress and the Executive, and destroying state rights, 
 deed, it was the mark of a copperhead to speak of state rights — in some 
 jalities the unhappy individual, who spoke of supporting the constitution 
 d state rights was mobbed by the so called loyal. The Republicans 
 mted, in this campaign, to extinguish the democratic party, for ever, by 
 
138 CIVIL GOTEENMENT OF THE STATES. 
 
 force, fraud, and the point of the bayonet. Indeed, whenever the 
 Republican party was successful at the elections, it trampled on the 
 constitution. 
 
 The democrats were unable to check the unconstitutional career of the 
 Republicans. They were found step by step to sustain the war. The fury 
 of the war party swept every thing before it of a political nature. The 
 vast patronage of the administration brought up the avaricious and ambi- 
 tious. The great number of officers and army contractors gave power to the 
 administration. The democrats were beguiled at the commencement of 
 the war by the skill and tact of Seward. They thought that the war 
 would not last long. — Lost Cause, 561-3. 
 
 Seward said that the object of the war was to crush rebellion. That 
 as soon as the rebel power was crushed the rebel states would be in the 
 union. This was expressed by McClellan in his declaration, that ''The 
 union is the sole condition of peace — we ask no more." But as the war 
 progressed the Radicals held that the rebel states could not come into the 
 union unless themselves first abolished slavery ! 
 
 The Fremont men claimed that the rebellion had destroyed slavery. That 
 slavery should be abolished ; rebels disfranchised ; the rebel debt repudiat-* 
 ed and Negro equality established North and South. The Republican 
 papers teamed with the vilest and most shameful abuse of McClellan. 
 They said that he was a military failure. They accused him of cowardice ; 
 that he was a traitor in open league with the rebels. That every vote for 
 McClellan and Pendleton would be for Jefi Davis and the recognition of 
 the Southern Confederacy. Governor Dennison of Ohio, said that McClellan 
 was not removed by Lincoln for any doubt of his military talents but only 
 because he thought the Democrats would make him their candidate in the 
 coming election. 
 
 Seward, during this campaign consigned thousands to prison by the mere 
 "tinkle of his little bell." Many said that the object of the war was to 
 make Lincoln President. The Radicals said he had a right to it by divine 
 authority. Seward said in his Auburn speech that the Republican party 
 could not without injustice select any other candidate for President. That 
 Lincoln had a vested right in the Presidency ! 
 
 During the Presidential campaign of 1864, the confidential agents of Lin- 
 coln were all over the country giving the patronage of the government to gain 
 support for the election of Lincoln. In St. Louis the Presidential patronage 
 was freely offered to the Radicals if they would drop Fremont and take up 
 Lincoln! ^ 
 
 Union generals used the bayonet to obtain votes. Soldiers who would 
 vote for Lincoln got furloughs and transportation to go home to vote the 
 Republican ticket. Republican officials tampered with the soldiers in 
 hospitals using intimidation to compel them to vote for Lincoln. They 
 denounced the McClellan ticket as the rebel ticket. They would say to the 
 poor sick soldiers, while in pain and misery, who were worn out from long 
 and weary marches, exposure to heat, cold, hunger, and thirst, and who 
 were now in the power of the doctors, if you vote for Lincoln you can have 
 a furlough to visit your friends and families and free transportation, " but if 
 you vote for McClellan you cannot have a furlough," and so soon as you 
 are able we will send you back to your regiment. The poor soldiers thus 
 on their beds of sickness, covered with wounds and the scars of war, were 
 through fear of loss of life or limb compelled to vote for Lincoln; others 
 would not vote at all. This will explain why so many soldiers voted the Re- 
 Dublican ticket. The following is the vote of the 39th Illinois regiment for 
 president in 1864. 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 159 
 
 Tor Lincoln - - - . . * . 379 
 
 tlcClellan . - . . - - . 15 
 
 Tremont - ... ... .1 
 
 i. soldier in the Louisville hospital who voted for Vallandigham, was 
 irt-martialed by General Boyle, and sentenced to lie in the guard-house 
 21 days. He was made to stand on a barrel two hours every morning 
 :h a card on his back with the following inscription: "From God thou 
 aest but to the devil shalt thou return." He had also to saw wood ten 
 irs each day for twenty-one days. Soldiers on the Potomac were menaced 
 ;h "ball and chain," shooting and hanging if they would vote for 
 Uandigham. The few votes put in by the Ohio soldiers for the demo- 
 tic ticket were put in by stealth. Thousands of soldiers who had fur- 
 ghs had written on them "to vote the Union ticket." The votes of 
 usands of soldiers who were dead for weeks were returned as Lincoln 
 es. "Was there any chance for the democrats to elect McClellan ? This was 
 serving the purity of the ballot box. McCIellan's meetings were broken 
 by Republican mobs. The mails were opened and McCIellan's corres- 
 idence examined, and when McCIellan's friends complained to Lincoln he 
 i, " let the friends of McClellan attend to their side of the election and I 
 1 attend to mine." Thus, by bribery, corruption, force, frauds, violence, 
 yer and patronage of the administration, Lincoln got every state except 
 laware, Kentucky, and New Jersey. — Lost Cause 574. 
 
 CHAPTER XX. 
 
 Sver since the commencement of the war England displayed her Punic 
 ;h, as usual, towards the United States. It must be remembered that 
 ore the war, she encouraged the Abolitionists to agitate for the over- 
 ow of slavery, which she knew would bring on a war between the North 
 I South. For every man of common understanding knew that it would 
 e rivers of blood to wipe out slavery! Now, when the most gigantic 
 ellion that the world ever saw, had threatened the overthrow of the 
 •ernment, the English Tory press at home, and even in Canada, aided 
 
 South. Every petty Canadian sheet preached a dissolution of the 
 ion. England was so certain of the success of the Confederacy, that 
 Capitalists invested largely in Southern bonds. This shows that she 
 3 anxious to break up the Union. Her spies were all over the country 
 tting the overthrow of the Union. She had gone so far in her vile 
 3mpt to break up the Union, as to make a proposition to Prance 
 
 march two armies to aid the Confederates, at the same time. 
 3 English and French navies were to raise the blockade. England 
 3 to march an army from Canada into the Northern States, while 
 ince was to send an army from Mexico into Texas and Louisiana, 
 I thus make a diversion in favor of the Confederates. France 
 uld not strike the first blow, she had no faith in her old enemy 
 jland, and wanted her to strike the first blow. Their mutual jealousies 
 ed the United States from this contemplated invasion, which in all human 
 bability would have proved the overthrow of the Lincoln government and 
 Union ! The Canadian frontier, since the commencement of the war, 
 i occupied by the rebels, who were plotting against ttie union. The 
 federates set on foot a plot to release twenty-five hundred rebel prisoners, 
 Johnson's Island, in Lake Erie, while the rebels in Canada were to burn 
 falo and other Lake cities. 
 
160 CIVIL GOVERNMENT OF THE STATES. 
 
 In September 14th, 1864, John Y. Beall a rebel officer captured and de- 
 stroyed two steamboats on the lakes, On the 19th Oct. 1864, Young with 
 40 men raided into the village of St. Albans, Vermont, fifteen miles from 
 Canada, robbed the bank of 300,000 dollars and fired on the inhabitants 
 killing one. They were tried in Canada and acquitted. The Tory authori- 
 ties of Canada did not want to punish men they had encouraged to make 
 war on the United States ! There were rumors that the Confederates were 
 plotting to burn hotels in New York! The southern cause was now on the 
 decline, notwithstanding that the southern press had roused the falling 
 spirits of the Confederates. Though Butler had failed in taking Fort 
 Fisher by the novel means of blowing up a powder boat with several tons 
 of gunpowder the Confederates were losing at every point. Price was 
 driven out of Missouri and Sherman left Atlanta on the 16th Nov. 1864, 
 southward on his march to the sea. 
 
 The south had denounced the mal-administration of Jeff Davis. His in- 
 fluence was on the wane. For a large party in the south had accepted 
 the fall of the Confederacy as inevitable. — Lost Cause, 65 r. The south was 
 now tired of the war and wished for peace. For the south had suffered 
 wherever the northern army went, and though there was abundance in many 
 parts of the country, other parts suffered from famine. 
 
 In Missouri, the property of all was depredated on by the Kansas raiders 
 — men were called to their doors and shot. Several men who returned from 
 the rebel army under the President's first proclamation of amnesty, were 
 killed in cold blood. Houses were burned, horses stolen, and fields of 
 grain laid waste, by men of boasted loyalty — men of doubtful loyalty, to 
 avoid such infliction proclaimed themselves Radicals, even men who were in 
 the rebel army, joined the League, and swore to drive out all who were not of 
 the same party. 
 
 Jennison and his followers went forth from Kansas into Missouri and 
 made themselves rich, in the name of God and liberty. They claimed 
 to be in the service of the United States. Kansas Jayhawkers were mounted 
 on stolen horses. They had no uniforms, but wore such clothing as they 
 stole from the citizens. They wore red leggings. They were loud in pro- 
 claiming themselves "unconstitutional Union men." Any man who owned a 
 good horse, house and property was condemned as a traitor or a copper- 
 head and his property deemed lawful plunder, and himself hanged or con- 
 pelled to flee for his life. They were sure to keep at a distance from armed 
 men. They went about in small squads on their work of murder and 
 plunder! They stole horses and if any resistance was offered the 
 offender was left, in the modest language of Jim Lane "in the hands 
 of the executioner." They cared little for truth, law or gospel, but 
 they thought they were commissioned by heaven to eommit all manner of 
 crime. 
 
 A copperhead had no ' ' rights which the Red Legs were bound to respect." 
 The South had her bushwhackers, so that the southern people were 
 robbed on all sides by friends and foes. Such is civil war. In some 
 parts of the country it was thought modest to throw rotten eggs at 
 democratic speakers; even buildings were set on fire because they 
 were owned by democrats. Lee who now saw that the confederacy 
 was falling to pieces and that the confederate army was deserting 
 in great numbers, for thousands of the southern people were delude I witbi 
 the fond hope that the war would last but a few months, now after years 
 of h^rd figliting, they saw the Union army pushing the confederates before 
 them; they despaired of the southern cause; they saw it was the lost 
 cause. 
 
CONSTITUTIONAL HISTOBT OP UNITED STATES. 161 
 
 In this extremity, Lee, in 1864, was in favor of enlisting Negroes into 
 the Southern army. He also called on the authorities at Richmond to 
 restore Johnson. But Davis carried both points against him. This was a 
 fatal blunder on the part of the Richmond authorities to remove Johnson, 
 and to put Hood in his place who failed in his insane attack on Nashville. 
 Lee declined to be the commander-in-chief of .the Confederate army, and was 
 content to be the commander of the army of Virginia. The Legislature of 
 Virginia was now besieged with every influence in favor of separate state 
 negotiation with the Federal government for peace. Thousands in the South 
 both in and out of the army wished for peace — desertions from both armies 
 were very large. The Federal government offered as an inducement to rebel 
 deserters, that they would be exempt from the draft, and as tfiere were 
 thousands of the working-men of the North who were induced to join the 
 rebellion, now they thought that they would go North where there was 
 good wages. Many of the Southern soldiers were working-men who had no 
 property in the South, so they wanted peace. 
 
 In the campaign of 1865 Gen. Sheridan was victorious in the valley and 
 was able to close in on Richmond. The shell of the Confederacy was broken, 
 Sherman having made his famous march to the sea ; and was now in rear of 
 Legr: having cut off his communications with the interior. Lee's army 
 about Petersburg and Richmond was about thirty thousand. This was 
 kept a profound secret from the public ; and newspapers were forbidden to 
 publish anything pertaining to military affairs, but what came from the 
 war office. — Lost Cause 680. Greeley's Am. Conf. vol. 2, p. 740. 
 
 April 2, 1865, Lee gave orders for the evacuation of Richmond, seeing 
 that he could hold out no longer. This order was given and executed at 
 night. 
 
 On the 6th of April, 1865, Sheridan's cavalry struck Lee's lines of retreat at 
 Sailors' Creek, and after some hard fighting Lee surrendered to Grant, April 
 12, 1865.— Lost Cause, 703-711. 
 
 "April 9th, 1865. 
 
 "This done each officer and man will be allowed to return to his home, 
 not to be disturbed by the United States authority so long as they observe 
 their paroles and the laws in force where they may reside." 
 
 Signed by Grant and Lee. 
 
 Greeley Am. Conf. vol. 3, p. 744. April 14, 1865, Lincoln was assassinat- 
 ed by Booth — an attempt was made to assassinate Seward. President 
 Johnson offered a reward of 100,000 dollars for the arrest of the offenders. 
 May 10, 1865. David E. Harrold, George A. Atzeroth, Lewess Payne, 
 Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, 
 and Samuel A. Mudd, were arrested on suspicion and tried by military 
 commissioners as accomplices of Booth. Harrold, Payne, Mrs. Surratt and 
 Atzeroth were found guilty and executed at Washington' July 7, 1865. 
 Mudd, Arnold, and O'Laughlin were imprisoned for life and Spangler for 
 six months. — Headley vol. 2, p. 627-8. 
 
 Johnson surrendered to General Sherman. The Radicals were dissatisfied 
 with the terms of surrender. They poured forth on Sherman the vilest of 
 abuse. 'The Radical press accused him of treason. He was censured by 
 that vile wretch the Secretary of war ; who said he was acting without 
 orders. That Sherman knew the purport of the telegram sent to Grant by 
 the President-for his guidance in negotiating with Lee. Sherman replied; 
 "now I was not in possession of it, and I have reason to know that Mr. 
 Stanton knew I was not in possession of it." 
 
 Halleck sent dispatches to the army not to obey Sherman. The Radicals 
 wanted to blast the reputation and character of a noble and brave soldier, 
 
163 CIVIL GOVERNMENT OP THE STATES. 
 
 as they did that of McClellan, Porter and Buell. Stanton and Ms confederates 
 were the vile marplots of the campaign. The war would have been ovel 
 in one year but for their scheming and corruption ! — Headley vol. 3, 
 pp. 603-3. 
 
 They also blamed Sherman for Jeff Davis' escape. The Eadical press 
 claiming that he had got off with a fabulous sum of money. They strove 
 to hold Sherman responsible for his escape. Sherman replied, "why did 
 not Stanton order his arrest, instead of publishing to the world, through 
 the newspapers that they wanted him arrested ? " Thus giving him an op- 
 portunity to escape. Headley vol. 3, p. 603. 
 
 May 4, 1865, Dick Taylor surrendered to Gen. Canby: May 36 Kirby 
 Smith surrendered ; and on May 31st, Hood surrendered. Thus ended the 
 most stupendous rebellion on record. After Lee's surrender the whole Con- 
 federacy came down tumbling. It appeared that all depended on Lee, for 
 after his surrender the whole Confederate army became demoralized, and 
 wanted to surrender, for the majority in the South thought that they 
 would have all the rights they ever had under the constitution, except 
 slavery, which seemed to be abandoned by all, as one of the results of the 
 war. So the Confederates from the Potomac to the Rio Grande, laid down 
 their arms. The people of the South did not dream that their States would 
 be reduced to territories ; their representatives turned out of the Halls of 
 Congress ; the Southern States put under the control of five military des- 
 pots ! They did not dream that the Congress would try to hurl from office 
 the President of the United States before his term of office expired ! That 
 the Congress would try to put the power of the executive, the Supreme 
 Court, and the State legislatures under the control of Congress. If the peo- 
 ple of the South were aware of all this, would they have surrendered with 
 out further struggle ? The Radicals should have carried out the terms of 
 the surrender in good faith, for this surrender saved the lives of thousands. 
 
 During the war the Radical party made capital out of the treatment of 
 Union prisoners of war. Yet the rebel commissioner Ould offered to ex- 
 change all the Union prisoners under his command. But Stanton would 
 not accept of this offer, for he wanted to make political capital out of the 
 misery and sufferings of poor Union soldiers in Andersonville prison — to 
 make capital out of the "rebel barbarities." The southern generals did not 
 want prisoners of war for they wanted clothing and provisions for their own 
 soldiers. In August 1864 Commissioner Ould offered the Federal Agent 
 General Mulford to deliver to him all the sick and wounded Federal prison- 
 ers without insisting upon an exchange of prisoners. He also informed 
 General Mulford of the great mortality among the Federal prisoners, telling 
 him to send transportation to the mouth of the Savannah River for the pur- 
 pose of taking them away. This offer included the sick and the wounded 
 at Andersonville and other prisons. Stanton and other authorities at 
 Washington failed to attend to this matter, and so thousands of Union 
 soldiers lost their lives, to please the wicked ambition of Stanton. Oh ! on 
 his head rests the blood of thousands of Union soldiers. — Lost Cause 637. 
 The same offer was made to General Grant, Feb. 11th, 1865. " To rule is 
 worth ambition even in hell." The Republicans would rule even if it cost 
 the country oceans of blood, mountains of debt, and hills of slain. 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 
 
 CHAPTER XXI. 
 
 Immediately after the death of Mr. Lincoln, Andrew Johnson the Vi( 
 President of the United States, was swora in President, under the forms 
 the constitution of the United States. The Republicans interviewed him 1 
 several committees to find out his "policy." He said in reply that 1 
 policy was known to the country. That his speech in Congress again 
 Jefif Davis was ample to show his policy and what his principles wei 
 That he would make no change in his cabinet. He retained in office all t 
 Lincoln men from Seward and Stanton, down to the country post-masto] 
 This gave great satisfaction to the Republicans. This was a blunder for ] 
 should have removed the traitor Stanton. The Radicals said that Johnsi 
 would be more severe on the rebels, especially on JefE Davis, than Linco 
 would have been. Leading Radicals changed the rejoicings to grief ai 
 their laudation of Johnson to denunciation "so out of the same mou 
 Cometh blessing and curses." 
 
 On the 39th of May, 1865, Johnson had declared by proclamation, th 
 all restrictions on Trade were removed East of the Mississippi. 
 
 On May 29, 1865, the President granted a general amnesty to rebels, excep 
 ing the following classes of persons. , 
 
 Foreign agents of the conferacy, those who left judicial stations und 
 the United States to aid the rebellion ; and military officers of the conf ede 
 ate army above the rank of colonel and all naval officers above the rank ■ 
 Lieutenant, all who resigned seats in the United States Congress to aid tl 
 rebellion ; all who resigned commissions in the army or navy of the Unite 
 States to join the rebellion. All who were governors of the rebel states an 
 some others were also excluded. It was proclaimed that all persons not thi 
 excepted were entitled to a restoration of all property except slaves and : 
 cases where proceedings have been instituted for the confiscation of tl 
 property of persons engaged in the rebellion. 
 
 Those claiming the benefit of this amnesty proclamation were required 1 
 take and subscribe the following oath : 
 
 "I do solemnly swear (or affirm), in the presence of Almighty Go( 
 
 that I will henceforth faithfully support, protect, and defend the constiti 
 tion of the United States and the Union of the States thereunder and 
 will, in like manner abide by, and faithfully support all the laws an 
 proclamations which have been made during the existing rebellion wit 
 reference to the emancipation of slaves, so help me God." 
 
 December 7th, 1863, Lincoln issued an amnesty proclamation oifering 
 free pardon to rebels on taking an oath to support the constitution of tli 
 United States, and also "to abide by and faithfully support all acts of Coi 
 gress passed during the existing Rebellion having reference to slaves, so Ion 
 and so far as not modified by decision of the supreme court." Exceptioi 
 were made of all who resigned seats in Congress. Federal judges or commi 
 sioned officers who resigned to take part in the rebellion, all officers of th 
 rebel government ; and all officers of the rebel army above the rank o 
 colonel and all who treated Black soldiers and their officers" otherwis 
 than lawfully as prisoners of war.— Greeley, Am. Conf. vol. 2, p. 539. 
 
 At the second secession of the thirty-eighth Congress, Feb. 1, 1865, th 
 thirteenth aimendment to the constitution was proposed in Congress : — Th£ 
 "neither slavery nor involuntary servitude, except as a punishment for crim 
 whereof the party shall have been duly convicted, shall exist within th 
 United Stated, or any place subject to their jurisdiction. 
 
164 CIVIL GOVERNMENT OF THE STATES. 
 
 Congress shall have power to enforce this article by appropriate legisla 
 tion. The secretary of state December 18, 1865, by public notice, declared 
 that this amendment was adopted by the constitutional number of states. 
 Although the Republicans held that slavery was abolished by Lincoln's 
 proclamation of January 1, 1863. Yet, they now found that it could be 
 abolished only by the constitution of the United States ! The President by 
 proclamation of May 39, 1865, provided for the reorganization of a consti- 
 tutional government for North Carolina, and appointed Wm. H. Holden 
 provisional governor of the state. He provided that no person should be 
 an elector or eligible as a member of the state convention unless he took 
 the oath prescribed in the ainnesty proclamation of May 29, 1865, and 
 unless he was a voter under the constitution and laws of South Carolina, 
 before May 30, 1861, the date of the ordinance of secession. The military 
 commander of the department was authorized to aid the provisional gover- 
 nor in enforcing said proclamation, and the Secretaries of the departments 
 were empowered to enforce the laws of the United States within the juris- 
 diction of North Carolina. In June 13, 1865, it was provided by procla- 
 mation for the reorganization of a constitutional government in Mississippi 
 and William L. Sharkey was appointed provisional governor. June 17, 
 1865, a provisional government was appointed for Georgia, and James 
 Johnson was appointed provisional governor ; on the same day Andrew J. 
 Hamilton was appointed provisional governor of Texas. June 31, 1865, 
 Lewis E. Parsons was appointed provisional governor of Alabama. June 30, 
 1865, Benjamim T. Perry was appointed governor of South Carolina. June 
 13, 1865, William Marvin was appointed governor of Florida. All other 
 seceded states were organized precisely on the same footing as North 
 Carolina. October 13, 1865, the President by proclamation removed 
 martial law. December 1, 1865, he restored the Writ of Habeas Corpus, 
 and on September 1, 1865, all restrictions on trade were removed. Thus 
 we find that the war was now over, slavery was abolished by an amendment 
 to the constitution and it was supposed that the union was restored on the 
 fundamental principles of the constitution. The south had given up 
 , slavery as one of the things of the past ; and all conservatives, men North 
 ~ and South thought that the Radicals would accept of Johnson's policy for 
 reorganizing the seceded states by giving them all their rights except 
 slavery which was now abolished. 
 
 The Republican State Conventions from Maine to California, in 1865, in- 
 dorsed President Johnson's policy, Massachusetts and other States declared 
 for Negro suffrage and the payment of the public debt. Some of the other 
 States were silent on the subject as they feared it would defeat the party 
 in the coming election. The States lately in rebellion held elections under 
 President Johnson's proclamation ; and elected members of Congress, State 
 Legislature, and State oiHcers. 
 
 President Johnson sent the following message to Congress December 4th, 
 1865. 
 
 "The relations of the general government toward the four millions of in- 
 ' habitants whom the war has called into freedom, have engaged my most 
 serious consideration. On the propriety of attempting to make the freedmen 
 electors by the proclamation of the Executive, I took, for my counsel, the 
 Constitution itself, the interpretation of that instrument by its authors and 
 their cotemporaries and recent legislature by Congress, when, at the first 
 movement toward independence, the Congress of the United States instructed 
 the several States to institute governments of their own, they left each state 
 to decide for itself the 6onditions for the enjoyment of the elective 
 franchise. 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 16 
 
 Durinj: the period of the confederacy, there continued to exist a ver 
 great diversity in the qualifications of electors in the several states ; an 
 even within a state a distinction of qualifications prevailed with regard t 
 the oflicers who were to be chosen. The constitution of the United State 
 recognizes these diversities when it enjoins that, in the choice of member 
 of the House representatives of the United States, ' the electors in each stat 
 shall have the qualifications requisite for the electors of the most numerou 
 branch of the state Legislature.' After the formation of the constitutior 
 it remained, as before, the uniform usage for each state to enlarge the bod 
 of its electors according to its own judgment ; and under this system, on 
 state after another has proceeded to increase the number of its electors 
 until now universal suffrage, or something very near it, is the general ruk 
 So fixed was this reservation of the power in the habits of the people, an 
 so unquestioned has been the interpretation of the constitution, that, du: 
 ing the civil war, the late President never harbored the purpose — certainl 
 never avowed the purpose of disregarding it: and in the acts of Congrei 
 during that period nothing can be found which, during the continuance o 
 hostilities, much less after the close, would have sanctioned any departui 
 by the executive from a policy which has so uniformly obtained. Moreovei 
 a concession of the elective franchise to the freedmen, by act of the Pres: 
 dent of the United States, must have been extended to all colored me 
 wherever found, and so must have established a change of suffrage i 
 the Northern, Middle, and Western States, not less than in the southern an 
 south-western. Such an act would have created a new class of voters, an 
 would have been an assumption of power by the President which nothin 
 in the constitution or the laws of the United States would have warrantee 
 
 On the other hand, every danger of complaint is avoided when th 
 settlement of the question is referred to the several states. They can, eac 
 for itself decide on the measure and whether it is to be adopted at once an 
 absolutely, or introduced gradually and with condkions. In my judgmer 
 the freedmen, if they show patience and manly virtues, will sooner obtain 
 participation in the elective franchise through the states than through th 
 general government, even if it had the power to intervene. When tl 
 tumult of emotions that have been raised by the suddenness of the socii 
 change shall have subsided, it may prove that they will receive the kindliei 
 usage from some of those on whom they have heretofore most closely d( 
 pended. But while I have no doubt that now, after the close of the was 
 it is not competent for the general government to extend the electi\ 
 franchise in the several states, it is equally clear that good faith require 
 the security of the freedmen in their liberties and their properties, their rigt 
 to labor and their right to claim the just return of their labor. I canne 
 too strongly urge a dispassionate treatment of this subject, which should b 
 carefully kept aloof from all party strife. We must equally avoid hasty ai 
 sumptions of any natural impossibility for the two races to live side by sid( 
 in a state of mutual benefit and good will. The experiment involves t 
 in no inconsistency ; let us, then, go and make that experiment in goo 
 faith, and not be too easily disheartened. The country is in need of laboi 
 and freedmen are in need of employment, culture, and protection, whil 
 their right of voluntary migration and expatriation is not to be questioned 
 I would not advise their forced removal and colonization ; let us rather er 
 courage them to honorable and useful industry, where it may be beneflcis 
 to themselves and to the country; and, instead of hasty anticipations of th 
 certainty of failure, let there be nothing wanting to the fair trial of th 
 experiment. The change in their condition is the substitution of labor b 
 contract for the state of slavery. The freedman cannot fairly be accuse 
 
166 CrVIL GOVBENMENT OF THE STATES. 
 
 of unwillingness to work, so long as a doubt remains about his freedom of 
 choice in his pursuits, and the certainty of his receiving his stipulated 
 wages. In this the interests of the employer and the employed coincide. 
 The employer desires in his workmen spirit and alacrity, aud these can be 
 permanently secured in no other way, than if one ought to be able to enforce 
 the contract,, so ought the other. 
 
 The public interest will be best promoted if the several states will provide 
 adequate protection and remedies for the freedmen. Until this is in some 
 way accomplished, there is no chance for the advantageous use of their 
 labor ; and the blame of ill-success will not rest on them. 
 
 I know that sincere philanthropy is earnest for the immediate realization 
 of its remotest aims; but time is always an element in reform. It is one 
 of the greatest acts on record to have brought four millions of people to 
 freedom. The career of free industry must be fairly opened to them ; and 
 then their future prosperity and condition must, after all, rest mainly on 
 themselves. If they fall and so perish away, let us be careful that the fail- 
 ure shall not be attributable to any denial of justice. In all that relates 
 to the destiny of the freedmen, we need not be too anxious to read the fu- 
 ture ; many incidents which, from a speculative point of view, might raise 
 alarm will quietly settle themselves. 
 
 We give the President's message to show how far he differed with the 
 party that elected him, in 1864. The majority of that party were in favor 
 of what they called impartial suffrage, though only the most Kadical pro- 
 claimed this before the Session of Congress of 1865-6 ; as they feared it 
 would injure the party at the elections during the war. Now or never, they 
 were determined to accomplish their long-cherished-aims. The reader will 
 also bear in mind the opinions expressed by the President, in this message, 
 as it will serve as a guide to the development of his policy. 
 
 Very little party spirit was displayed in the southern elections in 1865. 
 Politics were indefinite. The South elected Representatives and senators 
 to Congress, who applied for seats, at the session of Congress 1865-6, but 
 they would not be admitted by the Bepublicans for they wanted to hold the 
 two-thirds vote, in Congress, so as to be able to control the president and 
 the Supreme Court. They wanted to retain the power of passing their 
 favorite measures over the president's veto! Por about this time they 
 feared a collision with the president, for it was evident that he intended 
 to make the Constitution his guide. They would sooner see the South 
 out of the Union than to see the country governed by the constitution 
 as it was ! 
 
 The Republicans, having two-thirds of both Houses of Congress, were 
 determined to carry out their long-cherished aims. They had now openly 
 declared that Congress was Supreme. That the executive should be 
 subservient to their dictation. 
 
 On Feb. 3, 1866, the senate passed the so called civil right's bill, by a 
 vote of 38 Republicans against 9 Democrats. On March 13, 1866, the bill 
 passed the House by a vote of 111 Republicans for, and 38 against it. 
 
 On the 27 March, 1866, the President sent the following veto message to 
 the Senate: 
 
 " I regret that the bill which has passed both Houses of Congress, en- 
 titled, ' An act to protect all persons in the United States in their civil rights, 
 and furnishes the means of their vindication," contains provisions which I 
 cannot approve consistently with my sense of duty to the whole people, 
 and my obligations to the constitution of the United States. I am therefore 
 constrained to return it to the Senate, the house in which it originated, with 
 my objections to its becoming a law. 
 
CONSTITUTIONAl HISTORY OP tTNITED STATES. 16 
 
 By the first section of the bill all persons born in the United States, an 
 not subject to any foreign power, excluding Indians not taxed, are declare 
 to be citizens of the United States, This provision comprehends th 
 ChinesQ of the Pacific States. Indians subject to taxation, the peopl 
 called Gypsies, as well as the entire race designated as Blacks, people o 
 color, Negroes, Mulattoes, and persons of African blood. Every individui 
 of these races, born in the United States, is by the bill made a citizen c 
 the United States. It does not purport to declare or confer any otht 
 right of citizenship than Federal citizenship. It does not purport to giv 
 these classes of persons any status as citizens of the United States. Th 
 power to confer the right of state-citizenship is just as exclusively with th 
 several states as the power to confer the right of Federal citizenship i 
 with Congress. 
 
 The right of Federal citizenship thus to be conferred on the seven 
 excepted races before mentioned, is now, for the first time, proposed to h 
 given by law. If, as is claimed by many, all persons who are native-bor 
 already are, by virtue of the constitution, citizens of the United States, th 
 passage of the pending bill cannot be necessary to make them such. U 
 on the other hand, such persons are not citizens, as may be assumed froi 
 the proposed legislation to make them such, the grave question present 
 itself, whether, when eleven of the thirty-six states are unrepresente 
 in Congress at the present time, it is sound policy to make our entii 
 colored population and all other excepted classes citizens of the Unite 
 States. 
 
 Four millions of them have just emerged from slavery into freedom. Ca 
 it be reasonably supposed that they possess the requisite qualiflcatior 
 to entitle them to all the privileges and immunities of citizens o 
 the United States ? Have the people of the several states expresse 
 such a conviction ? It may also be asked whether it is necessai 
 that they should be declared citizens, in order that they ma 
 be secured in the ehjoyment of the civil rights proposed to t 
 conferred by the bill ? Those rights are, by Federal as well i 
 state laws, secured to all domiciled aliens and foreigners, even before th 
 completion of the process of naturalization ; and it may safely be assume 
 that the same enactments are sufficient to give like protection and benefit t 
 these to whom this bill provides special legislation. Besides the policy o 
 the government, from its origin to the present time, seems to have been thi 
 persons who are strangers to and unfamiliar with our institutions and ov 
 laws should pass through a certain probation at the end of which, befoi 
 attaining the coveted prize, they must give evidence of their fitness 1 
 receive and to exercise the rights of- citizens, as contemplated by the const 
 tution of the United States. The bill, in effect, proposes a discriminatid 
 against large numbers of intelligent, worthy and patriotic foreigners, an 
 in favor of the Negro to whom, after long years of bondage, the avenues i 
 freedom and intelligence have just now been suddenly opened. He mui 
 of necessity, from his previous unfortunate condition of servitude, be lei 
 informed as to the nature and character of our institutions than he wh( 
 coming from abroad, has to some extent, at least, familiarized himself wit 
 the principles of a government to which he voluntarily intrusts life, liberi 
 and the pursuit of happiness." Yet it is now proposed, by a single legi 
 lative enactment, to confer the rights of citizens upon all persons of Africa 
 descent born within the extended limits of the United States, while persoi 
 of foreign birth, who make our land their home, must undergo a probatin 
 of five years, and can only then become citizens upon proof that they are ( 
 good moral character, attached to the principles of the constitution of tli 
 
168 CIVIL GOVERNMENT OF THE STATES. 
 
 United States, and well disposed to the good order and happiness of the 
 same." 
 
 " The first section of the bill also contains an enumeration of the rights 
 to be enjoyed by those classes, so made citizens, in every State and Territory 
 in the United States. These rights are to make and enforce contracts, to 
 sue the parties, and give evidence : to inherit, purchase, lease, sell, hold 
 and convey, real and personal property ; and to have full and equal benefit 
 of all the laws and proceedings for the security of person and property as is 
 enjoyed by white citizens. So, too, they are made subject to the same punish- 
 ments, pains, and penalties in common vrith white citizens, and to no other. 
 Thus a perfect equality of the white and colored races is attempted to be 
 fixed by federal law in every Scate of the Union, over the vast field of State 
 Jurisdiction covered by these enumerated rights. And in no one of these can 
 any state ever exercise any power of discrimination between different races. 
 In the exercise of state policy over matters exclusively aflfecting the people 
 of each stateit has frequently been thought expedient to discriminate between 
 the two races. By the statutes of some of the states, northern as well as 
 southern, it is enacted, fpr instance, that no white person shall intermarry 
 with a negro or mulatto. Chancellor Kent says, speaking of the blacks, 
 that marriages between them and the whites are forbidden in some of the 
 States where slavery does not exist, and they are prohibited in all the slave- 
 holding states, and when not absolutely contrary to law, they are revolting, 
 and regarded as an offence against public decorum. 
 
 I do not say that this bill repeals state law« on the subject of marriiage 
 between two races, for, as the whites are forbidden to intermarry with the 
 blacks, the blacks can only make such contracts as the whites themselves 
 are allowed to make, and therefore cannot under this bill enter into the 
 marriage contract with the whites. I cite this discrimination, however, as 
 an instance of the state-policy as to discrimination, and to inquire whether, 
 if Congress can abrogate all state-laws of discrimination between the two 
 races in the matter of real estate, of suits, and of contracts generally, 
 Congress may not also repeal the state laws as to the contract of marriage 
 between the races ? Hitherto every subject embraced in the enumeration 
 of rights contained in this bill has been considered as exclusively belonging 
 to the states. They all relate to the internal police and economy of the 
 respective states. They are matters which in each state concern the do- 
 mestic condition of its people varying in each according to its own peculiar 
 circumstances and the safety and well-being of its citizens. I do not mean 
 to say that upon all these subjects they are not Federal restraints — as, for 
 instance, in the state-power of legislation over contracts, there is a Federal 
 limitation that no state shall pass a law impairing the obligation of contracts 
 and, as to crimes, that no state shall pass an ex post facto law ; and, as to 
 money, that no state shall make any thing but gold and silver a legal • 
 tender. But where can we find a Federal prohibition against the power of 
 any state to discriminate, as do most of them between artificial persons 
 called corporations and natural persons, in their right to hold real estate. 
 If it be granted that Congress can repeal all state-laws discriminating 
 between whites and blacks in the subjects covered by this bill, why, it may 
 be asked, may not Congress repeal, in the same way, all state-laws dis- 
 criminating between the two races on the subjects of suffrage and office ? 
 If Congress can declare by law who shall hold lands, who shall testify, who 
 shall have capacity to make a contract in a state, then Congress can by 
 law also declare who, without regard to color or race, shall have the right 
 to sit as a juror or as a judge, to hold* any office, and, finally, to vote, " in 
 every State and Territory of the United States. As respects the Territories 
 
CONSTITUTIONAL HISTOKT OP UNITED STATES. 169 
 
 they come within the power of Congress, for as to them the law-making 
 power ia the Federal power; but as to the States, no similar provisions 
 exist vesting in Congress the power to make rules and regulations for them. 
 "The object of the second section of the bill is to afford discriminating 
 protection to colored persons in the full enjoyment of all the rights secured 
 to them by the preceding section. It declares that any person who, 
 under color of any law, statute, ordinance, regulation, or custom, shall 
 subject, or cause to be subject any inhabitant of any state or Territory to 
 the deprivation of any right secured or protected by this act, or to 
 different punishments, pains or penalties, on account of such person having 
 at any time been held in a condition of slavery or involuntary servitude, 
 except as a punishment for crime, whereof the party shall have been duly 
 convicted, or by reason of his color or race, than is prescribed for the 
 punishment of white persons, shall be deemed guilty of a misdemeanor, 
 and, on conviction, shall be punished by a fine not exceeding one thousand 
 dollars, or imprisonment not exceeding one year, or both, in the discretion of 
 the court. This section seems to be designed to apply to some existing or 
 future law of a state or Territory which may conflict with the provisions of 
 the bill under consideration. It provides for counteracting such forbidden 
 legislation by imposing fine and imprisonment upon the Legislator who 
 my pass such coiuaicting laws or upon the officers or agents who shall 
 put or attempt to put them into execution. It means an official offence — 
 not a common crime committed against law upon the persons or property 
 of the Black race. Such an act may deprive the black man of his property, 
 but not the right to hold property. It means a deprivation of the right 
 itself,' either by the state judiciary or the state legislature. It is therefore 
 assumed that under this section members of state legislatures who should 
 vote for laws conflicting with the provisions of the bill, that judges of the 
 state courts who should render judgments in antagonism with its terms and 
 that Marshals and Sheriffs who should, as ministerial officers, execute 
 processes sanctioned by state laws, and issued by state judges in execution 
 of their judgments, could be brought before other tribunals, and there 
 subjected to fine and imprisonment for the performance of the duties which 
 such state laws might impose. The legislation thus proposed invades the 
 judicial power of the state. It says to every state court or judge, if you 
 decide that this act is unconstitutional: if you refuse, under the prohibition 
 of a state law, to allow a negro to testify ; if you hold that over such a 
 subject matter the state law is paramount, and, under color of a state law 
 refuse the exercise of the right to the negro, your error of judgment, how- 
 ever conscientious, shall subject you to fine and imprisonment! I do not 
 apprehend that the conflicting legislation which the bill seems to contem- 
 plate is so likely to occur as to render it necessary at this time to adopt a 
 measure of such doubtful constitutionality. 
 
 In the next place, this provision of the bill seems to be unnecessary, as 
 adequate judicial remedies could be adopted to secure the desired end, with- 
 out invading the immunities of legislators, always important to be preserved 
 in the interest of public liberty, without assailing the independence of the 
 judiciary, always essential to the preservation of individual rights, and 
 without impairing the efficiency of ministerial officers, always necessary for 
 the maintenance of the public peace and order. The remedy proposed by 
 this section seems to be, in this respect not only anomalous but unconstitu- 
 tional : for the constitution guarantees nothing with certainty if it does not in- 
 sure to the several states the right of making and executing laws in regard 
 to all matters arising within their jurisdiction subject only to the restriction 
 that, in case of conflict with the constitution and constitutional laws 
 
170 CIVIL GOTEBNMENT OP THE STATES. 
 
 of the United States, the latter should be held to be the supreme law of 
 the land. 
 
 '•The third section gives the District Courts of the United States 
 exclusive cognizance of all crimes and offences committed against the pro- 
 visions of this act, and concurrent jurisdiction with the Circuit Courts of 
 the United States of all civil and criminal cases affecting persons who are 
 denied, or cannot enforce in the courts or judicial tribunals of the state or 
 locality where they may be, any of the rights secured to them by the first 
 section. The construction which I have given to the second section is 
 strengthened by the third section, for it makes clear what kind of denial or 
 deprivation of the rights secured by the first section was in contemplation. 
 It is a denial or deprivation of such rights in the courts or judicial tribunals 
 of the state. If stands, therefore, clear of doubt that the offence and the 
 penalties provided in the second section are intended for the state judge, 
 who, in the clear exercise of his functions as a judge, not acting ministeri- 
 ally but judicially, shall decide contrary to this Federal law. In other 
 words, when a state judge, acting upon a question involving a conflict 
 between a state law and a Federal law, and bound, according to his own 
 judgment and responsibility, to give an impartial decision between the 
 two, comes to the conclusion that the state law is valid and the Federal law 
 invalid, he must not follow the dictates of his own judgment, at the peril 
 of fine and imprisonment. The legislative department of the government 
 of the United States thus takes from the judicial department of the states 
 the sacred and exclusive duty of judicial decision, and converts the state 
 judge into a mere ministerial oflicer, bound to decide according to the will 
 of Congress. 
 
 "It is clear that, in states which deny to persons whose rights are 
 secured by the first section of the bill any one of those rights, all criminal 
 and civil cases affecting them will, by the provisions of the third section, 
 come under the exclusive cognizance of the federal tribunals. It follows 
 that if in any states which deny to a colored person any one of all those 
 rights, that person should commit a crime against the laws of a state — 
 murder, arson, rape, or any other crime — all protection- and punishment 
 through the courts of the state are taken away, and he can only be tried 
 and punished in the Federal courts. How is the criminal to be tried if the 
 offence is provided for and punished by Federal law, that layf, and not the 
 state law, is to govern ? It is only when the offence does not happen to be 
 within purview of Federal law that the Federal courts are to try and punish 
 him under any other law. Then resort is to be had to the common 
 law, as modified and changed by state legislation, so far as the same is not 
 inconsistent with- the constitution and laws of the United States, so that 
 over this vast domain of criminal jurisprudence provided by each state for 
 the protection of its own citizens, and for the punishment of all persons 
 who violate its criminal laws, Federal law, whenever it can be made to 
 apply, displaces state law. 
 
 The question here naturally arises from what source Congress derives the 
 power to transfer to Federal tribunals certain classes of cases embraced in 
 this section. The constitution expressly declares that the judicial power 
 of the United States shall extend to all cases in law and equity arising 
 under this constitution, the laws of the United States, and treaties made, 
 or which shall be made under their authority : to all cases affecting ambas- 
 sadors, and other public ministers and consuls: to all cases of admiralty 
 and maritime jurisdiction : to controversies to which the United States 
 shall be a party : to controversies between two or more states between a 
 state and the citizens of another state, between citizens of different states, 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 171 
 
 between citizens of the same state claiming land under grants of different 
 states, and between a state, or the citizens thereof, and foreign states, 
 citizens, or subjects. Here the judicial power of the United States is 
 expressly set forth and defined; and the act of September 34, 1789, 
 establishing the judicial courts of the United States, in conferring upon the 
 Federal courts jurisdiction over cases originating in state tribunals is careful 
 to confine them to the classes enumerated in the above recited clause of the 
 constitution. This section of the bill undoubtedly comprehends cases and 
 authorizes the exercise of powers that are not, by the constitution, within 
 the jurisdiction of the courts of the United States. To transfer them to 
 those courts would be an Exercise of their authority well calculated to excite 
 distrust and alarm on the part of all the states ; for the bill applies alike to 
 all of them — as well to those that have as to those that have not been 
 engaged in rebellion. It may be assumed that this authority is incident to 
 the power granted to Congress by the constitution, as recently amended, to 
 enforce, by appropriate legislation, the article declaring that neither slavery 
 nor involuntary servitude, except as a punishment for crime, whereof the 
 party shall have been duly convicted, shall exist within the United States, 
 or any place subject to their jurisdiction. It cannot, however, be justly 
 claimed that, with a view to the enforcement of this article of the constitu- 
 tion, there is at present any necessity for the exercise of all the powers 
 which this bill confers. Slavery has been abolished, and at present nowhere 
 exists within the jurisdiction of the United States, nor has there been, nor 
 is it likely there will be, any attempt to revive it by the people or the states. 
 If, however, any such attempt shall be made, it will then become the duty 
 of the general government to exercise any and all incidental powers necessary 
 and proper to maintain inviolate this great constitutional law of freedom. 
 
 The fourth section of the bill provides that ofiicers and agents of the 
 Freedmen's Bureau shall be empowered to make arrests, and also that other 
 officers may be specially commissioned for that purpose by the President of 
 the United States. It also authorizes circuit courts of the United States, 
 and the superior courts of the Territories to appoint, without limitation, 
 commissioners, who are to be charged with the performance of quasi- 
 judicial duties. The fifth section empowers the commissioners so to be 
 selected by the courts to appoint in writing under their hands, one or more 
 suitable persons from time to time to execute warrants and other processes 
 described by the bill. These numerous official agents are made to consti- 
 tute a sort of police, in addition to the military, and are authorized to 
 summon a posse comitaius, and even to call to their aid such portion of the 
 land and naval forces of the United States, or of the militia, as mdy be 
 necessary to the performance of the duty with which they are charged. 
 This extraordinary power is to be conferred upon agents irresponsible to 
 the government and to the people, to whose number the discretion of the 
 commissioners is the only Umit, and in whose hands such authority might 
 be made a terrible engine of wrong, oppression, and fraud. . The general 
 statutes regulating the land and naval forces of the United States, the 
 militia, and the execution of the laws, are believed to be adequate for every 
 emergency which can occur in time of peace. If it should prove otherwise. 
 Congress can at any time amend these laws in such a manner as, while 
 subserving the public welfare, not to jeopard the rights, interests, and 
 liberties of the people. 
 
 "The seventh section provides that a fee of ten dollars shall be paid to 
 each commissioner in every case brought before him, and a fee of five 
 dollars to his deputy or deputies, for each person he or they may arrest and 
 take before any such commission, " with such other fees as may be deemed 
 
173 CIVIL GOVKENMBNT OF THE STATES. 
 
 reasonable by such commissioner." In general for performing such other 
 duties as may be required in the premises, all these fees are to be paid out 
 of the Treasury of the United States, whether there is a conviction or not, 
 but in case of conviction they are to be recoverable from the defendant. It 
 seems to me that under the influence of such temptations bad men might 
 convert any law, however beneficent, into an instrument of persecution and 
 fraud. "By the eighth section of the bill the United States courts, which 
 sit only in one place for white citizens, must migrate with the marshal and 
 the district attorney, and necessarily with the clerk, although he is not 
 mentioned, to any part of the district upon the order of the President, and 
 there hold a court for the purpose of the more speedy arrest and trial of 
 persons charged with a violation of this act, and these the judge and other 
 officers of the court must remain, upon the order of the President, for the 
 time therein designed. 
 
 "The ninth section authorizes the President, or such persons as he may 
 empower for that purpose, to employ such part of the land or naval forces 
 of the United States or of the militia, as shall be necessary to prevent the 
 violation and enforce the due execution of his act.' This language seems 
 to imply a permanent military force, that is always at hand, and whose 
 only business is to be the enforcement of this measure over the vast region 
 where it is intended to operate. 
 
 "I do not propose to consider the policy of this bill. To me the details 
 of the bill seem fraught with evil. The white race and the black race of 
 the south have hitherto lived together under the relation of master and 
 slave — capital owning labor. Now, suddenly, that relation is changed, and, 
 as to ownership, capital and labor are divorced. They stand now each 
 master of itself. In this new relation, one being necessary to the other, 
 there will be new adjustment, which both are deeply interested in making 
 harmonious. Each has equal power in settling the terms, and, if left to the 
 laws that regulate capital and labor, it is confidently believed that they will 
 satisfactorily work out the problem. Capital, it is true, has more intelli- 
 gence, but labor is never so ignorant as not to understand its own in- 
 terests, not to know its own value, and not to see that capital must pay 
 that value. This bill frustrates this adjustment. It intervenes between 
 capital and labor, and attempts to settle questions of political economy 
 through the agency of numerous officials, whose interest it will be to ferment 
 discord between the two races ; for as the breach widens their employment 
 will continue, and when it is closed their occupation will terminate. 
 
 In all our history, in all our experience as a people, living under federal 
 and state law, no such system as that contemplated by the details of this 
 bill has ever before been proposed or adopted. They establish for the 
 security of the colored race safe-guards which go infinitely beyond any that 
 the general government has ever provided for the white race. In fact, the 
 distinction of race and color is, by the bill, made to operate in favor of the 
 colored and against the white race. They interfere with the municipal leg- 
 islation of the state, with the relations existing exclusively between a state 
 and its citizens or between inhabitants of the same state — an absorption and 
 assumption of power by the general government which, acquisced in, must 
 sap and destroy our Federal system of limited powers, and break down the 
 barriers which preserve the rights of the states. It is an other step, or 
 rather stride, towards centralization and the concentration of all legislative 
 powers in the national government. The tendency of the bill must be to 
 resuscitate the spirit of rebellion, and to arrest the progress of those influ- 
 ences which are more closely drawing around the states the bonds of union 
 and peace. 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 173 
 
 "My lamented predecessor, in his proclamation of the 1st January, 1863,, 
 ordered and declared that all persons held as slaves within certain states 
 and parts of states therein designated were and thenceforth should be free, 
 and, further, that the executive government of the United States, including 
 the military and naval authorities thereof, would recognize and maintain the 
 freedom of such persons. This guarantee has been rendered especially oblig- 
 atory and sacred by the amendment of the constitution abolishing slavery 
 throughout the United States. I, therefore, fully recognize the obligation to 
 protect and defend that class of our people, whenever and wherever it shall 
 become necessary, and to the full extent compatible with the constitution 
 of the United States. Entertaining these sentiments, it only remains for 
 me to say, that I will cheerfully co-operate with Congress in a measure that 
 may be necessary for the protection of the civil rights of the freedmen, as 
 well as those of all other classes of persons throughout the United States, 
 by judicial process, under equal and impartial laws, in conformity with the 
 provisions of the Federal constitution. 
 
 I now return the bill to the senate and regret that, in considering the bills 
 and joint resolutions — forty-two in number — which have been thus far sub- 
 mitted for my approval, I am compelled to withhold my assent from a 
 second measure that has received the sanction of both Houses of Congress." 
 Andrew Johnson, Washington, D. C. March 27, 1866. April 6th, 1866, 
 the senate passed this bill over the veto and on April 9 it passed the House, 
 and was declared a law by the speaker. 
 
 The Freedmen's bureau bill, which passed the senate January 35, 1866, 
 and the House Feb. 6, 1866, was vetoed by the President, but was passed 
 over the veto by both Houses. 
 
 A second Freedmen's Bureau bill was passed by both Houses and vetoed 
 by the President, but was passed over his veto by a two-thirds vote. 
 
 April 30th 1866,Mr. Stevens,from the joint select committee on reconstruc- 
 tion reported the first draft of the 14th amendment to the constitution of the 
 United States. 
 
 ■ It passed the senate, as amended June 8, 1866 by a vote of 83 Republicans ; 
 against the bill 11, (Democrats 7 ; Cowan, Doolittle, Norton, and Van Winkle, 
 Unionists). It passed the House by 138 yeas (all Reps.) nays 36 (all 
 demts.). June 16, 1866, the amendment was deposited in the state de- 
 partment and certified copies sent by the Secretary of the state to the state 
 governors. 
 ' June 18, 1866, both Houses passed a resolution requesting the President 
 to submit the adopted amendment. June 30, the Secretary of state notified 
 the President that he had transmitted a copy of the bill to the state gover- 
 nors. June 33, 1866, the President submitted the report of the Secretai-y 
 of state to Congress, expressing at the same time to Congress, that he dis- . 
 approved the said amendment. — Vide Cong. Globe on the civil rights, 
 Freedmen's Bureau Bills and on the 14th Amendment. 
 
 The Legislatures of Connecticut, New Hampshire, Vermont, New Jersey, 
 Tennessee and Oregon ratified the amendment in 1866. The Legislatures of 
 Georgia, Alabama, North Carolina, South Carolina, Florida, and Texas 
 rejected the amendment in 1866. Immediately on the reception of the 
 President's veto the Radicals in and out of Congress poured forth on the 
 President's head the vilest abuse known to denunciation. 
 
 The following is an extract from Johnson's Proclamation of April 3,1866, 
 announcing that the rebellion was over in the late rebel states. 
 
 "And whereas, by my proclamation of the thirteenth day of June last 
 the insurrection in the state of Tennessee was declared to have been sup- 
 pressed, the authority of the United States therein to be undisputed, and 
 
174 CTVTL GOVERNMENT OF THE STATES.- 
 
 such United States officers as have been duly commissioned to be in the 
 undisputed exercise of their official functions : 
 
 " And whereas there now exists no organized armed resistance of mis- 
 guided citizens or others to the authority of the United States in the states 
 of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, 
 Louisiana, Arkansas, Mississippi and. Florida, and the laws can be sustained 
 and enforced therein by the proper civil authority. State or Federal, and 
 the people of the said states are well and loyally disposed, and have con- 
 formed or will conform in their legislation to the condition of affairs 
 growing out of the amendment to the constitution of the United States, 
 prohibiting slavery within the limits and jurisdiction of the United States: 
 
 And whereas, in view of the before recited premises, it is the manifest 
 determination of the American people that no state of its own will, has the 
 right or the power to go out of, or separate itself from, or be separated from 
 the American Union, and therefore each state ought to remain and consti- 
 tute an integral part of the United States : 
 
 "And whereas the people of the several before-mentioned states have, 
 in the manner aforesaid, given satisfactory evidence that they acquiesce in 
 this sovereign and important resolution of national unity : 
 
 "And whereas it is believed to be a fundamental principle of government 
 that the people who have revolted, and who have been overcome and sub- 
 dued, must either be dealt with so as to induce them voluntarily to become 
 friends, or else they must be held by absolute military power or devastated 
 so as to prevent them from ever again doing harm as enemies, which last- 
 named policy is abhorrent to humanity and freedom : 
 
 "And whereas the constitution of the United States provides for constit- 
 uent communities only as States and not Territories, dependencies, 
 provinces or protectorates : 
 
 And whereas such Constituent States must necessarily be, and by the 
 constitution and laws, of the United States are made, equals and placed 
 upon a like footing as to political rights, immunities, dignity, and power, 
 with several states with which they are united : 
 
 And whereas the observance of political equality as a principle of right 
 and justice is well calculated to encourage the people of the aforesaid states 
 to be and become more and more constant and persevering in their renewed 
 allegiance : 
 
 "And whereas standing armies, military occupation, martial law, mili- 
 tary tribunals, and the suspension of the privilege of the Writ of Habeas 
 Corpus are in time of peace, dangerous to the public liberty, incompatible 
 with the individual rights of the citizen, contrary to the genius and spirit 
 of our free institutions, and exhaustive of the national resources, and ought 
 not therefore to be sanctioned or allowed except in cases of actual neces- 
 sity, for repelling invasion or supressing insurrection or rebellion : 
 
 And whereas the policy of the government of the United States, from the 
 beginning of the insurrection to its overthrow and final suppression, has 
 been in conformity with the principles herein set forth and enumerated : 
 
 Now, therefore, I, Andrew Johnson President of the United States, do 
 hereby proclaim and declare that the insurrection which heretofore existed 
 in the States of Georgia, South Carolina, Virginia, North Carolina, Ten- 
 nessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida is at an end, 
 and is henceforth to be so regarded." 
 
 The war department issued an order in relation to trials by military com- 
 missions. 
 
CONSTITUTIONAL HISTOEY OF UNITED STATES. 175 
 
 " War Department, Adj. Gen. Office. 
 Washington, May 1, 1866. 
 
 General Orders, No 36." 
 
 "Whereas some military commanders are embarrassed by doubts as to 
 the operation of the proclamation of the President, dated the 3d day of 
 April, 1866, upon trials by military Courts-martial and military offences, 
 to remove such doubts, it is ordered by the President that — 
 
 Hereafter, whenever offences committed by civilians are to be tried where 
 civil tribunals are in existence which can try them, their cases are not 
 authorized to be, and will not be brought before military courts-martial or 
 commissions, but will be committed to the proper civil authorities. This 
 order is not applicable to camp followers, as provided for under the 60th 
 Article of war, or to contractors and others specified in Section 16, act of 
 July 17, 1863, and Sections 1 and 3, act of March 2, 1863. Persons and 
 offences cognizable by the rules and articles of war, and by the acts of Con- 
 gress above cited, will continue to be tried and punished by military tribu- 
 nals as prescribed by the Rules and Articles of war and acts of Congress, 
 herein after cited, to wit : 
 
 Sixtieth of the Rules and Articles of war. All sutlers and retainers to 
 the camp, and all persons whatsoever serving with the arniies of the United 
 States in the field, though not enlisted soldiers, are to be subject to orders 
 according to the rules and discipline of war. By order of the Secretary of 
 war : E. D. Townsend, Assistant Adjutant General. 
 
 The laws of suffrage in several states in 1865, the laws of Maine, Vermont, 
 New Hampshire, Massachusetts and Rhode Island make no distinction in 
 respect of color, as a qualification of voters, although in Rhode Island the law 
 requires a property qualification of 134 dollars worth of real estate as a 
 necessary qualification of a voter of foreign birth, and Massachusetts and 
 Connecticut deny the right of suffrage to all who cannot read the constitution 
 and the statutes in the English Language. , 
 
 Indians, who are taxed, can vote in the following states, the New Eng- 
 land States, Michigan, Wisconsin, California and Minnesota. Chinamen are 
 expressly excluded from the benefit of suffrage in- California, Oregon, and 
 Nevada. Indiana, Michigan, Wisconsin, Minnesota, Oregon, Kansas and 
 Illinois admit as voters those not yet citizens. The states of Connecticut, 
 Colorado, Wisconsin, and Minnesota voted against negro suffrage in 1865. 
 
 An extract from President Johnson's speech at Washington, Aug. 18, 
 1866, showing the difference between himself and Congress : 
 
 " With the bill called the Freedmen's Bureau, and the Army placed at 
 my discretion (laughter and applause), I could have remained at the 
 Capital. With fifty or sixty millions of appropriations, with the machinery 
 to be worked by my own hands; with my satraps and dependants in every 
 township and civil district in the United States, where it might be neces- 
 sary, with the Civil Rights bill coming along as an auxiliary (laughter) and 
 all the other patronage of the government, I could have proclaimed 
 myself dictator." — Sup. Cong. Globe, 1868, p. 99. Again, in the same 
 speech, he spoke of the usurpation of Congress: 
 
 "We have seen Congress assuming to be for the Union when every step 
 they took was to perpetuate dissolution, and make disruption permanent. 
 We have seen every step that has been taken, instead of bringing about 
 reconciliation and harmony, has been legislation that took the character of 
 penalties, retaliation and revenge. I placed my foot upon the Constitution 
 of my country as the great rampart of civil and religious liberty (applause) 
 having been taught in early life, and having practiced it through my whole 
 
176 CIVIL GOVBENMBHT OF THE STATE8. 
 
 career to venerate, respect, and make the Constitution of ray Fathers my 
 guide through my public life." 
 
 ' ' We have seen Congress organized : we have seen Congress in its ad- 
 vance. Step by step, it has gradually been encroaching upon constitutional 
 rights and violating the fundamental principles of the government, daly 
 after day, and month after month. We have seen a Congress that seemed to 
 forget that there was a constitution of the United States, that there were 
 limits, that there were boundaries to the sphere or scope of legislation. We 
 have seen Congress in a minority assume to exercise, and have exercised 
 powers if carried out and consummated, will result in despotism or Monarchy 
 itself. This is truth ; and because I and others have seen proper to appeal 
 to the country, to the patriotism and republican feeling of the country, I 
 have been denounced. Slander after slander, vituperation after vituperation 
 of the most vindictive character has made its way through the press. What 
 has been my sin ? what has been your sin ? what has been the cause of your 
 offending ? Because you dare to stand by the constitution of your 
 fathers." 
 
 General Grant stood by the President, while he was making this speech — 
 giving it his approval : yet the President was impeached for this offence, and 
 Grant was made President. 
 
 The President denounced the Radical Congress in public speeches at 
 Cleveland and St. Louis. While making a speech in Cleveland, Ohio, he was 
 violently interrupted by a Radical mob. — The conduct of the Radicals on 
 this occasion was disgraceful in the extreme. 
 
 In 1866, Alabama, Virginia, Louisiana, Florida, and Georgia held no 
 general state elections, but a congressional election was held in Georgia. 
 
 In North Carolina, Worth the democratic candidate for governor defeated 
 the Republican candidate Dockery, by a majority of 33,496. There was no 
 election in South Carolina this year except to fill vacancies in the state 
 legislature. Mississippi had no election this year except for district judges 
 and county officers. Political matters in Arkansas, in 1866, were in a 
 chaotic state and party lines were not well defined. The Radicals, (having 
 been successful at the poles) made one more stride towards Federalism (in 
 the language of Jefferson), they "wished to transform it" (the government) 
 "ultimately into the shape of their darling model the English government; 
 and in the meantime, to familiarize the public mind to the change, by 
 administering it on English principles, and in English forms." 
 
 Jefferson's Works vol. 5, p. 257. 
 
 During the election of 1866 the Radicals held over the President's head 
 the threat of impeachment. The people thought that this threat was made 
 for political capital. That there would be no impeachment. The rank and 
 file of the Republicans and the minor and local politicians had to follow 
 the lead of their Radical masters. Sumner, Wade, Butler and others 
 cracked their whips over them without mercy. Mr. Ashley, of Ohio, moved 
 December 17, 1866, for a committee to investigate the acts of,the President. 
 This was done, so that the Radicals could place spies at the white House 
 and pry into the secrets of the President. The Radicals were apprehensive 
 that Johnson would turn them out of office and fill their places with his 
 own friends. To guard against this. Congress passed the "Tenure of Office 
 Bill." This bill was passed for two purposes, to keep the Radicals in office, 
 and as a trap to ensnare the President ; for they wanted some plausible 
 pretext to oust him from office and to fill his place with their own instrument 
 Ben Wade. They knew full well that this bill was unconstitutional, yet 
 they trampled the constitution under their feet. They held that it was 
 treason to speak of the constitution or the rights of the states. An other 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 177 
 
 object of the Radicals in passing this act was to compel the President to fill 
 the highest offices with his enemies. This was the plan of the blue light 
 Federalist. John Adams, in the last days of his power, attempted to fill 
 the permanent offices with his friends so that hia successor, Thomas Jeffer- 
 son, would have to smart under officers who were his political ancl perhaps 
 personal enemies. 
 
 "The last day of hia political power (Adams), the last hours, and even 
 beyond the midnight, were employed in iilling all offices, and especially 
 permanent ones, with the bitterest Federalists, and providing for me the 
 alternative either to execute the government by my enemies, whose study 
 it would be to thwart and defeat all my measures, or to incur the odium of 
 such numerous removals from office, as might bear me down." — Jefiferson's 
 Works, vol. 5, p. 561. 
 
 The Radicals slipped into the bill making appropriations, passed March 
 3, 1867, a clause which deprived tlie President of his functions as com- 
 mander-in-chief of the army under the constitution. Their object was to 
 put the army, navy, and state militia under the control of Congress and 
 their favorite generals. For the accomplishment of this usurpation they 
 found a willing instrument in Stanton, the Secretary of war. We give 
 sections 3 and 6 of this act. 
 
 Sec. 3. That the Headquarters of the general of the army of the United 
 States shall be at the city of Washington; and all orders and instructions, 
 relating to military operations, issued by the President or the Secretary of 
 war, shall be issued through the General of the Army, and in case of inability 
 through the next in rank." 
 
 The General of the army shall not be removed, suspended, or relieved 
 from command, or assigned to duty elsewhere than at said Headquarters, 
 except at his own request, without the previous approval of the senate; and 
 any orders or instructions relating to military operations issued contrary to 
 the requirements of this section shall be null and void ; and any officer who 
 shall issue orders or instructions contrary to the provisions of this section 
 shall be deemed guilty of a misdemeanor in office ; and any officer of the 
 army who shall transmit, convey, or obey any orders or instructions so issued, 
 contrary to the provisions of this section, knowing that such orders were 
 issued, shall be liable to imprisonment for not less than two nor more than 
 twenty years, upon conviction thereof in any court of competent jurisdiction. 
 
 " Section 6. That all militia forces now organized or in service in either 
 of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, 
 Alabama, Louisiana, Mississippi, and Texas, be fortwith disbanded, and 
 that the further reorganization, arming, or calling into service of the said 
 militia forces in any part thereof, is hereby prohibited under any circum- 
 stance whatever, until the same shall be authorized by Congress." — App. 
 Cong. Globe, 1868, p. 310. 
 
 March the 3nd, 1867, Congress passed the first Reconstruction Bill which 
 abolished the state governments in the ten southern states and divided them 
 into five military districts. Each district was placed under the supreme 
 control of a commanding General, who possessed both civil and military 
 jurisdiction. Lieutenants from the office of the Freedmen's Bureau were 
 clothed with civil power, and acted as judges and justices of the peace. 
 These military officers were under the immediate control of Congress. On 
 the 33rd March, 1867, the second Reconstruction Bill was passed. The 
 fifth section of this bill made the majority of votes sufficient to ratify the 
 so called constitutions. It also authorized the election of Congressmen. 
 Generals of the army were authorized to remove all officers, who did not 
 carry out the Reconstruction act, and to detail others in their places. They 
 
178 CIVrL GOVEKNMBNT OF THE STATES. 
 
 were authorized to remove all the officers of the provisional government. 
 It made it unlawful for the President to detail the army and navy to support 
 the provisional governments. It repealed all laws passed by the provisional 
 governments. When it became known that the President had vetoed the 
 Preedmen's bureau bill and the civil rights bill, the Kadicals became frantic. 
 They called the President a political apostate. They poured forth their 
 wrath without stint on his head. He was called another Arnold ! They 
 exhausted their vocabulary of abuse and vile slang on him because he stood 
 in their way in their attempt to trample upon the constitution ; because he 
 did not think proper to follow them beyond the pale of the constitution of 
 Washington and the fathers of the revolution. The President saw that the 
 Radicals had no settled policy. That they were every day drifting more 
 and more to confusion and anarchy. That they had repudiated the wise 
 teachings of Washington, Jefferson, Madison, Monroe and Jackson and that 
 they were following such blind guides and fanatics, as Wendell Phillips and 
 the whole restless fanatics of the country. 
 
 The following is an extract from the President's message Dec. 8th, 1867 : 
 
 "That at this time there is no Union, as our fathers understood the term, 
 and as they meant it to be understood by us. The Union which they 
 established can exist only where all states are represented in both Houses of 
 Congress ; where one state is as free as an other to regulate its internal con- 
 cerns according to its own will, and where the laws of the central govern- 
 ment, strictly confined to matters of national jurisdiction, apply with equal 
 force to all the people of every section. That such is not the present state 
 of the Union is a melancholy fact." 
 
 " To me the process of reconstruction seems perfectly plain and simple. 
 It consists merely in a faithful application of the constitution and laws. The 
 execution of the laws is not now obstructed or opposed by physical force. 
 There is no military or other necessity, real or pretended, which can prevent 
 obedience to the constitution either North or South." 
 
 ' ' There is therefore no reason why the constitution should not be obeyed, 
 unless those who exercise its powers have determined that it shall be disre- 
 garded and violated." 
 
 In reference to the policy of Congress in its reconstruction measures he hints : 
 
 "The mere naked will 'of this government, or of some one or more of its 
 branches, is the only obstacle that can exist to a perfect union of all the 
 states. In regard to the states lately in rebellion he said : 
 
 "It is clearly to my apprehension that the states lately in rebellion are 
 still members of the national union. When did they cease to be so ? The 
 "ordinances of secession," adopted by a portion (in most of them a very 
 small portion) of the citizens, were mere nullities. If we admit now that 
 they were valid and effectual for the purpose intended by their authors, we 
 sweep from under our feet the whole ground upon which we justified the 
 war. Were those states afterward expelled from the union by the war ? 
 The direct contrary was averred by this government to be its purpose, and 
 was so understood by all those who gave their blood and treasure to aid in its 
 prosecution. It cannot be that a successful war, waged for the preservation 
 of the union, had the legal effect of dissolving it. The victory of the nation's 
 arms was not the disgrace of her policy ; the defeat of secession on the battle 
 field was not the triumph of its lawless principle. Nor could Congress, with 
 or without the consent of the Executive do anything which would have the 
 effect, directly or indirectly, of separating the states from each other. To 
 dissolve the union is to repeal the constitution which holds it together, and 
 that is a power which does not belong to any department of this government 
 nor to all of them united." 
 
CONSTITUTIONAL niSTOET OF "UNITED STATES. 179 
 
 " Congress submitted an amendment of the constitution to be ratified by 
 the southern states, and accepted their acts of ratification as a necessary 
 and lawful exercise of their highest function. If they were not states, or 
 were states out of the union, their consent to a change in the fundamental 
 law of the union would have been nugatory, and Congress in asking it, 
 committed a political absurdity. The judiciary has also given the solemn 
 sanction of its authority to the same view of the case. The Judges of the 
 supreme court have included the southern states in their circuits, and they 
 are constantly in l>anc and elsewhere, exercising jurisdiction which does not 
 belong to them, unless those are states in the union." The right of the 
 Federal government, which is clear and unquestionable, to enforce the con- 
 stitution upon them implies the correlative obligation on our part to observe 
 its limitations and execute its guarantees." 
 
 "Being sincerely convinced that these views are correct, I would be 
 unfaithful to my duty if I did not recommend the repeal of the acts of 
 Congress which place ten of the Southern States under the dominion of 
 military masters. If calm reflection shall satisfy a majority of your honor- 
 able bodies that the acts referred to are not only a violation of the national 
 faith, but in direct conflict with the Constitution, I dare not permit myself 
 to doubt that you will immediately strike them from the statute-book." 
 
 "To demonstrate the unconstitutional character of those acts I need no 
 more than refer to their general provisions. It must be seen at once that 
 they are not authorized. • To dictate what alterations shall be made in the 
 Constitutions of the several states, to control the elections of state legislators 
 and state oiHcers, members of Congress and electors of the President and 
 Vice-President, by arbitrarily declaring who shall vote and who shall be 
 excluded from that privilege ; to dissolve State Legislatures or to prevent 
 them from assembling; to dismiss judges and other civil functionaries 
 of the state, and appoint others without regard to state law, to organize and 
 operate all the political machinery of the state; to regulate the whole 
 administration of their domestic and local affairs according to the mere 
 will of strange and irresponsible agents, sent among them for that purpose, 
 these are powers not granted to the Federal government or to any one of 
 its branches. "If the authority we desire to use does not come to us 
 through the Constitution, we can exerercise it only by usurpation, and 
 usurpation is the most dangerous of political crimes." 
 
 ' ' The acts of Congress in question are not only objectionable for their 
 assumption of ungranted power, but many of their provisions are in conflict 
 with the direct prohibitions of the Constitution." 
 
 "It denies the Tuibeas corpus and trial by jury. Personal freedom, prop- 
 erty, and life, if assailed by the passion, the prejudice, or the rapacity of 
 the ruler, have no security whatever. It has the effect of a bill of attainder, 
 or bill of pains and penalties, not upon a few individuals, but upon 
 whole masses." 
 
 "These wrongs, being expressly forbidden, cannot be constitutionally 
 inflicted upon any portion of our people no matter how they may have 
 come within our jurisdiction and no matter whether they live in States, 
 Territories, or districts. 
 
 " I have no desire to save from the proper and just consequences of their 
 great crime those who engaged in rebellion against the government, but as 
 a mode of punishment the measures' under consideration are the most 
 unreasonable that could be invented. Many of these people are perfectly 
 innocent. Many kept their fidelity to the Union untainted to the last ; many 
 were incapable of any legal offences ; a large proportion even of the persons 
 able to bear arms were forced into rebellion against their will." 
 
180 CIVIL GOVEBNMBNT OF THE STATES. 
 
 But the acts of Congress confounded them all together in one common 
 doom." 
 
 " The Blacks m the south are entitled to be well and humanely governed 
 and to have the protection of just laws for all their rights of person and 
 property. If it were practicable at this time to give them a government 
 exclusively their own, under which they might manage their own afEairs in 
 their own way, it would become a grave question whether we ought to do 
 so, or whether common humanity would not require us to save them from 
 themselves." Speaking of the ignorance of the Blacks, he said that they 
 are ' ' so utterly ignorant of public affairs that their voting can consist in 
 nothing more than carrying a ballot to the place where they are directed 
 to deposit it." 
 
 ' ' The transfer of our political inheritance to them would, in my opinion, 
 be an abandonment of a duty which we owe alike to the memory of our 
 fathers and the rights of our children." 
 
 "Of all the dangers which our nation has yet encountered none are equal 
 to those which must result from the success of the efforts now making to 
 Africanize the half of the country." 
 
 " Business in the south is paralyzed by a sense of general insecurity, by 
 the terror of confiscation, and the dread of Negro. supremacy." 
 
 "It cannot have escaped your attention that from the day on which 
 Congress fairly and formally presented the proposition to govern the Southern 
 States by military force with a view to the ultimate establishment of Negro 
 supremacy, every expression of general sentiment has been more or less 
 adverse to it. The affections of this generation cannot be detached from 
 the institutions of their ancestors." 
 
 "It is true that cases may occur in which the executive would be com- 
 pelled to stand on his rights, and maintain them regardless of all con- 
 sequences. If Congress should pass an act which is not only in palpable 
 conflict with the constitution, but will certainly, if carried out, produce 
 immediate and irreparable injury to the organic structure of the govern- 
 ment, and if there be neither judicial remedy for the wrong it inflicts 
 nor power in the people to protect themselves without the official aid of 
 their elected defender : if, for instance, the legislative department should 
 pass an act even through all the forms of law to abolish a coordinate 
 department of the government : in such a case the President must take the 
 high responsibilities of his office, and save the life of the nation at all 
 hazards." 
 
 "It is well and publicly known that enormous frauds have been per- 
 petrated on the Treasury, and that colossal fortunes have been made at the 
 public expense. This species of corruption has increased, is increasing, and 
 if not diminished, will soon bring us into total ruin and disgrace." "The 
 system, never perfected was much disorganized by the ' Tenure-of-office 
 bill, ' which has almost destroyed official accountability. The President may be 
 thoroughly convinced that an officer is incapable, dishonest, or unfaithful 
 to the constitution, but, under the law which I have named, the utmost he 
 can do is to complain to the senate, and ask the privilege of supplying his 
 place with a better man." 
 
 "A disordered currency is one of the greatest political evils. It has 
 been asserted by one of our profound and most gifted Statesmen that of 
 all the contrivances for cheating the laboring classes of mankind ,none has 
 been more effectual than that which deludes them with paper money. This 
 is the most effectual of inventions to fertilize the rich man's fields, by the 
 sweat of the poor man's brow. Ordinary tyranny, oppresssion, excessive 
 taxation — these bear lightly on the happiness of the mass of the community 
 
CONSTITUTIONAL HISTORY OF UNITBD STATES. 181 
 
 compared witli a fraudulent currency and robberies committed by depreciat- 
 ed paper. "It is one of the most successful devices in times of peace or 
 war, expansions or revolution to accomplish the transfer of all the precious 
 metals from the great mass of the people into the hands of the few." 
 
 "The expenses of the military establishment, as well as the number of 
 the army, are now three times as great as they have ever been in time of 
 peace." The President recommended the passage of such laws as would pro- 
 tect naturalized citizens in Europe, but especially in Great Britain. He said 
 that England held that the allegiance of British subjects to the crown is 
 indefeasible, and not to be absolved by our laws of naturalization. That 
 British Judges cited the decisions of the Federal courts of the United States 
 in support of their position. He called upon Congress to declare the 
 national will on the subject of natuialization. 
 
182 CIVIL GOTEENMENTOF THE STATES. 
 
 CHAPTER 23. 
 
 Impeachment of Pkesidbnt Johnson. 
 
 Tlie first effort to impeacli the President, began in the House of Eep- 
 resentatives, by Mr. James M. Ashley, of Ohio, who moved, Decem- 
 ber 17, 1866, for the appointment of a Committee to inquire whether, 
 "any acts have been done by any officers of the Government of the Uni- 
 ted States, which in contemplation of the Constitution, are high crimes 
 or misdemeanors, and whether said acts were designed or calculated to 
 overthrow, subvert, or corrupt the Government of the United States, 
 or any department thereof. " The resolution received yeas 90, and 
 nays 49. It failed to receive two-thirds vote and was lost. 
 
 Benjamin F. Loan offered a resolution on Impeachment, January 7th, 
 1867. On the same day Mr. Kelso offered a similar resolution, and Mr. 
 Acshley revived his resolution of 1866, which was referred to a Commit- 
 tee on Judiciary. 
 
 Februarj 28, 1867, the Committee repo];ted, notifying the succeed- 
 ing Congress of the incompleteness of its labors. 
 
 Mr. Clark, on March 29, moved that the Committee should report 
 the first day of the meeting of the House aftei the recess. 
 
 Meanwhile the Committee began to take evidence on February 6th, 
 
 1867, and continued to do so for several months. 
 
 November 25th, 1867, Mr. Boutwell from the Committee submitted a 
 report of Ij.63 printed pages of evidence, and closing with a resolution 
 " that Andrew Johnson be impeached for high crimes and misdemean- 
 ors. " The Committee stood as follows : Against Impeachment-Messrs 
 Wilson, Republican, of Iowa; Chairman: Woodbridge, Republican, of 
 "Vermont ; Churchill, Republican, of New York ; Marshall, Democrat 
 of Illinois ; and Eldridge of Wisconsin — 5. 
 
 For Impeachment — Messrs, Boutwell, Republican, of Massachusetts, 
 Williams, Republican, of Pennsylvania ; Thomas, Republican of Mary- 
 land ; and Lawrence, Republican, of Ohio — 4. 
 
 On the 6th, December the Impeachment resolution was lost — The 
 vote stood yeas, 57 (all Republican,) nays, 108, not voting 22 of those 
 voting against the resolution 69, were Republicans. This result was 
 attributed to the Republican losses in the election. 
 
 January 27th, 1868, the Impeachment was renewed by Mr. Spalding. 
 
 February ] 3, 1868, Thaddeus Stevens offered a resolution, before 
 the Committee on reconstruction, to impeach President Johnson, which 
 resolution was tabled by a vote of 6 tc 3. This completed the second 
 attempt to impeach the president. 
 
 On the 12th, of August, 1867, the President removed Stanton the Sec- 
 retary of war, and appointed General Granc as Secretary of war ad in^ 
 terim. After the meeting of Congress, the President sent a message to 
 ' the Senate giving his reasons for suspending Stanton. On January 13, 
 
 1868, the Senate refused to concur in the suspension, by a vote of 35 to 6. 
 This action of the Senate was officially communicated to General 
 
 Grant, who thereupon January 14th, informed the President that his 
 functions as Secretary of war ad interim ceased from the moment of the 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 183 
 
 receipt of the notice from the Senate. Grant then turned over the office to 
 Stanton. On the 22nd, of February 1868, Thaddeus Stevens, from the 
 Committee on reconstruction, reported to the House a resolution which 
 passed by a vote of 128 to 47, for impeaching the President, of high 
 crimes and misdemeanors. 
 
 Feb. 21, 1868, the President issued an order for the removal of Stan- 
 ton from the war department, and for the appointment of Gen. Thomas, 
 as Secretary of war ad interim. 
 
 Thomas went with this order to Stanton and demanded possession of 
 the ofiSce, books, and papers. In the meantime Mr. Sumner wi'ote a 
 note to Stanton "to stick" on to the office. 
 
 Feb. 24, 1868, the House of Representatives resolved to impeach the 
 President of The United States. 
 
 March, 3d, 1868, Articles of Impeachment were agreed upon by the 
 House of Eepresentatives, and on the 5th, they were presented to the 
 Senate and read by the chairman of the managers, Mr. Bingham. 
 
 The following is a synopsis of the articles of impeachment : 
 
 $lst, Andrew Johnson, President of the United States, had violated the 
 Tenure-of-officebill, of March, 2, 1867. The President was charged with 
 the removal of Stanton and with the appointment of Gen. Thomas as Sec- 
 retary of war ad interim, without the consent of the Senate. 
 
 2nd, He was also charged with a conspiracy for having violated the 
 Conspiracy Act of July 31st, 1861, being an act to define and punish 
 conspiracy. He was charged with the violation of the act of June 30th, 
 1868, for issuing all military orders through the Generals of the army. 
 
 3d, He was charged with making certain speeches, in the cities of Wash- 
 ington, Cleveland,and St. Louis. Another charge was, that he had at- 
 tempted to bring the Congress of the United States into contempt. 
 
 That he had denied that the Thirty-Ninth Congress had the power to 
 make amendments to the Constitution. 
 
 Another charge was, that the President had said that the Thirty- 
 Ninth Congress was not the Congress of the United States. 
 
 John A. Bingham of Ohio ; George S. Boutwell, of Mass ; James F. 
 Wilson, of Iowa; John A. Logan, of Illinois; Thomas Williams, of 
 Pennsylvania ; Benjamin F. Butler, of Mass. ; and Thaddeus Stevens, of 
 Pennsylvania; were elected managers to conduct the Impeachment. 
 
 March 13th, 1868, proclamation was made by the Sergeant-at-arms 
 for the appearance of Andrew Johnson. Stanberry and Curtis entered 
 an appearance for the President, and asked for forty days to put in an 
 answer. 
 
 This motion was opposed by the managers who wanted to rush the 
 trial through with rail road speed — with the same haste as an ordinary 
 criminal case before a police Justice. Butler opposed the motion, and in 
 abrutal,ungentlemanlyand beastly manner, called the President a crim- 
 inal. He said that there was great need to nasten the trial because the 
 President was the Chief executive ; that he could use the treasury, the 
 army and the navy to overthrow the government, thus prejudicing 
 public opinion against the President. Groesbeck, Nelson, and Evarts, 
 subsequently appeared as Counsel for the President; 
 
 March 23, 1868, the President's answer was put in. The President 
 claimed to have the power to remove Stanton under the act of Congress 
 1789, — That Stanton was appointed Secretary of war on the 15, Jan, 1862, 
 by Abraham Lincoln, during his first term of office, to hold such office 
 durinjg the pleasure of the President. That the Kespondent became Pres- 
 
184 CITIL GOVERNMENT OF THE STATES. 
 
 ident on the 15, April 1865, and that Stanton held his office during the 
 pleasure of the Respondent. That on Aug, 5, 1867, he removed Mr. 
 Stanton by the power invested in him by the Constitution and the Laws. 
 Sc that he was responsible for the conduct of the Secretary of war. 
 That he had notified the Senate thereof, on the 12, day of December, 1867. 
 That he had authority to make said removal by the Act of Congress, 
 Feb, 13, 1795. During the trial Butler displayed his usual arrogance 
 and insolence towards the Chief Justice, the President's Counsel, and 
 the witnesses. 
 
 He claimed that the Senate was not a Court ; that it was not to be 
 governed by law. The managers went back to old English black-letter 
 learning — to old musty English law books, and the English parliament 
 for their precedents . 
 
 They held that the high Court of Impeachment was bound by no law, 
 neither statute nor common, but that the President should be tried, by 
 common fame. They held, that popular opiaion demanded the con- 
 viction of the President. 
 
 The managers further held the absurd idea, that Mr. Johnson was 
 only serving out the remainder of Mr. Ltucoln's term, and therefore 
 that he could not remove Stanton ; that Lincoln's term continued after 
 his death. Butler in his speech, went over several American and Eng- 
 lish authorities which had no bearing on the case. He failed to make 
 out even, a plausible case against the President. 
 
 He assailed him in the vilest manner. He called him Judas Iscariot. 
 He said , " By murder most foul he succeeded to the Presidency, and 
 is the elect of an assassin to that high office." He said that the Presi- 
 dent was one of the conspirators. This was worthy of New Orleans 
 "spoons." — The President was charged with want of decorum of 
 speech. Butler also charged the President with advising and counsel- 
 ing the Legislature of the states lately in rebellion, to reject the 14th, 
 amendment. This, indeed, was the sum of his sinning ; he had differed 
 with the party that elected him. 
 
 They charged the President with being avery bad and dangerous man 
 — that he was a very dangerous person to remain the Chief magistrate 
 of the nation — that he had obstructed the laws ; that the managers con- 
 sidered him a great criminal ; that he had trampled the laws under 
 foot — that the reason for not granting him time for preparing his defense 
 was that he was worse than an ordinary criminal. He was charged with 
 advising the Legislature of Alabama to remain firm in its opposition to 
 Congress on Reconstruction, and the 14th amendment, Freedman's 
 bureau ; and that he had advised the Legislature of South Carolina on 
 the same subject. 
 
 The Counsel for the President held that the Tenure-of-offlce bill gave 
 the President power to choose his own cabinet. That Stanton was not 
 removed, that he was stUl in possession of the department of war. That 
 it was at most an attempt to remove him as he did not obey the order 
 of the President . That the President had the same right to construe 
 the law, as Jackson had when he vetoed the bill, for chartering a United 
 States Bank. Jackson said ; 
 
 The Congress, Executive, and the Court must each for itself be guided 
 by its own opinion of the constitution. Each pubUo officer, who takes 
 an oath to support the constitution, swears that he will support it as he 
 understands it and not as it is understood by others. That he had the 
 same right to remove Stanton that Lincoln had to remove Floyd, the 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 185 
 
 Secretary of war, and to appoint Holt. That lie had power to re- 
 move Stanton by the acts of congress 1787, 1795, 1792. That every 
 President and Congress had participated in and acted under the con- 
 struction given to the act of 1787, from Washington to Lincoln. 
 
 They held the tenure-of-offlce bill unconstitutional and that Stanton 
 did not come within the law — That Stanton had no commission from 
 Johnson nor from Lincoln after Lincoln's first term expired. That he 
 was merely holding- over at the pleasure of both Lincoln and Johnson. 
 That consequently it made no difference whether the Senate was in ses- 
 sion or not. 
 
 That the office was vacant and that the President had a right to ap- 
 point a Secretary of war ad interim, untU a new appointment was made 
 and confirmed by the Senate. 
 
 That the tenure-of-ofiice bill was unconstitutiohal and did not em- 
 brace the case of Stanton. That the President acted from laudable and 
 honest motives and was not guilty of any crime or misdemeanor. 
 
 That from the remarks made at the time of the passage of the tenure- 
 of-offlce bni, it was manifest that it was not intended to embrace the 
 Secretaries. 
 
 Honorable Lyman Trumbull, a leading Eepublican, in giving his opin- 
 ion before the final vote was taken, said; 
 
 The question of the power to remove from office arose, at the first 
 Congress, in 1787. That it was then recognized that the President had 
 the right to remove all officers whose term was not fixed by the Consti- 
 tution. That every President acted under this recognization down to 
 1867. 
 
 That this power was exercised when the Senate was in session, as 
 weR as during recess. He gave a long list of removals by Lincoln and 
 other Presidents while the Senate was in session ; he said that Stanton 
 was only holding at the pleasure of the President. That Jackson, 
 Van Buren, Tyler, Harrison, Polk, and Fillmore had made ad interim 
 appointments during the session of the Senate. That his speeches 
 were no ground for impeachment. 
 
 " He said painful as it is to disagree with so many political associates 
 and friends, whose conscientious convictions have led them to a different 
 result, I must, nevertheless, in discharge of the high responsibility un- 
 der which 1 act, be governed by what my reason and judgment teU me 
 is the truth, and the justice and the law of this case." To convict 
 and depose the Chief Magistrate of a great nation when his guilt was 
 not made palpable by the record, and for insufficient cause, would be 
 fraught with far greater danger to the future of the country than can 
 arise from leaving Mr. Johnson in office for the remaining months of 
 his term, with powers curtailed and limited as they have been by re- 
 cent Legislation. 
 
 Once set the example of impeaching a President, for what when the 
 excitement of the hour shall have subsided will be regarded as insuffi- 
 cient causes as several of those now alleged against the President were 
 decided to be by the house of Eepresentatives only a few months since, 
 I and no future President wDl be safe who happens to differ with a 
 j majority of the house, and two thirds of the Senate on any measure deem- 
 I ed by them important, particularly if of a political character blinded by 
 partisan zeal. With such an example before them they wiU not scruple 
 to remove out of the way any obstacle to the accomplishment of their 
 purposes, and what then becomes of the checks and balances of the con- 
 
186 CIVIL GOVERNMENT OF THE STATES. 
 
 stitution, so carefully devised and so vital to its perpetuity 1 They are 
 all gone. In view of the consequences likely to flow from this day's 
 proceedings, should they result in conviction on what my j udgment tells 
 me are insufficient charges and proofs, I tremble for the future of my 
 Country. I cannot be an instrument to produce such a result, and at the 
 hazard of the ties even of friendship and affection till calmer times shall 
 do justice to my motives, no alternative is left me but the inflexible dis- 
 charge of duty." 
 
 He was followed by Senators Grimes, Johnson, Fessenden and others, 
 in very able and eloquent speeches in favor of acquitting the Presi- 
 dent. 
 
 Mr. Sumner made a disgraceful speech. He held that the President 
 should be expelled the same as a member of Congress. That he should 
 not have the benefit of doubt ; that they should " catch at anything to 
 convict the President and save the Republic ; that he should be found 
 guilty of getting drunk as well as for all political offences, especially for 
 giving his support to slavery, for appointing rebels to office, for vetoing 
 several acts of Congress. That he was guilty of inciting the New Or- 
 leans massacre; that he had given offices to rebels and had received 
 them at the white house ; that he had removed Sheridan, Pope, and 
 Sickles who were military commanders in the five Kingdoms. He ap- 
 pealed to the usual party prejudices with all the passion and party ran- 
 cor of a stump speaker. 
 
 The following is an extract from his speech ; "Herein the Senate 
 we know officially how he has made himself the attorney of slavery, 
 the usurper of Legislative powers, the violator of law, the patron of 
 rebels, the helping hand of rebellion, the kicker from office of good 
 citizens, the open bung-hole of the Treasury, the architect of the whis- 
 key ring, the stumbling-block to all good laws by wanton vetoes,and then 
 by criminal hindrances all these things are known here beyond ques- 
 tion. 
 
 Johnson's cabinet recognized Gen. Thomas as Secretary of war ad 
 interim which goes to show that they believed that the President had 
 the right to remove Stanton. 
 
 When it was known that Senator Grimes, of Iowa, would vote for 
 an acquittal, the Radicals, in the lobby, made a great noise, and used 
 very insulting language toward the Senator. They made threatening 
 demonstrations, and sang " Old Gi'imes is dead the poor old soul." 
 
 At the conclusion of Manager Bingham's speech he was loudly ap- 
 plauded in the galleries. The Chief Justice called for order, in vain. 
 The galleries were ordered to be cleared, but the ruffians who made the 
 disturbance refused to comply. The scene was the most disgraceful 
 ever witnessed in Congress. It was necessary for the Sergeaut-at-arms 
 to use force to expel the disorderly Radical mob ! 
 
 Chief Justice Chase acted, throughout the whole trial with firmness 
 and dignity. He ruled according to law and justice, notwithstanding 
 the threats of vengeance and impeachment made by the Radicals in and 
 out of Congress. He was denounced as a traitor. 
 
 May 16, the Court voted on the eleventh article. The A^ote was 
 35 guilty ; and 19 not guilty. 
 
 The two third vote was wanting, and the Court adjourned to May 26. 
 This verdict caused great rejoicing throughout tlie country. Meanwhile 
 corrupt influences were attempted in vain to bear on the seven Repub- 
 licans or as they were called "recreant" Senators, who were denounced 
 
CONSTXTUTIONAL HISTORY OF UNITED STATES. 187 
 
 as traitors by the Radical press. The house pretended, to investigate 
 the "corrupt means" used to influence these Senators to vote against 
 the -will of their party. 
 
 Onthe 20, a vote was taken on the second and third articles, vrhich re- 
 sulted the same as on the eleventh article. Guilty 35, not guilty 19. 
 The Radicals, finding that they could not convict the President on these 
 a,rticles, voted for an adjournment. The Chief Justice entered Judg- 
 ment of acquittal on the three articles voted upon, and the Senate, 
 sitting as a Court of impeachment for the trial of Andrew Johnson, 
 President of the United States, adjourned, sine die. On the same day 
 Stanton communicated to the President his relinquishment of the war 
 department, and left the same in the care of Assistant- Adjutant-General 
 Townsend, and on the 29, of May the Senate confirmed Schofield (nom- 
 inated by Johnson, April 23,) as Secretary of war. Stanton retired to 
 private life covered with the curses of thousands of his countrymen. 
 He was a tyrant of the blackest dye. He suffered thousands of brave 
 soldiers to rot in military prisons. His name will be remembered only 
 to be despised." 
 
 This ended the most villainous conspiracy of the Radicals to over- 
 throw the constitution and perpetrate usurpation ! 
 
 This was the political high water mark of Radical usurpation ! ! ! 
 
 We conclude this chapter with the following extract from Washing- 
 ton, on usurpation. 
 
 "The spirit of encroachment tends to consolidate the powers of all 
 the departments in one, and thus create, whatever the form of Gov- 
 ernment, a real despotism. * * * * 
 
 If, in the opinion of the people, the distribution or modification of 
 the constitutional powers be in any particular, wrong, let it be correct- 
 ed by amendments, in the ivay which the constitution designates. But let 
 there be no c]iange by usurpation, for though this in one instance may 
 be the instrument of good, it is the customary weapon by which free. 
 Governments are destroyed. The precedent must always greatly 
 overbalance, in permanent evil, any partial or transient benefit whici^ 
 the use can at any time yield." 
 
 Washington. 
 
188 CITIL GOVERNMENT OF THE STATES. 
 
 CONSTITUTION. 
 
 "We the people of the United States, in order to form a more perfect 
 union, establish justice, ensure domestic tranquility, provide for the 
 common defence, promote the general "w^elfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain and establish this 
 constitution for the United States of America. 
 
 ARTICLE 1. 
 
 Sec. 1. AU legislative powers herein granted shall be vested in a 
 congress of the United States, which shall consist of a senate and house 
 of representatives. 
 
 Sec. 2. The house of representatives shall be composed of members 
 chosen every second year by the people of the several states ; and the 
 electors in each state shall have the qualifications requisite for electors 
 of the most numerous branch of the state legislature. 
 
 No person shall be a representative who shall not have attained to the 
 age of twenty- five years, and been seven years a citizen of the United 
 States, and who shall not, when elected, be an inhabitant of that state 
 in which he shall be chosen. 
 
 Eepresentatives and direct taxes shall be apportioned among the sev- 
 eral states which may be included within this Union, according to their 
 respective numbers, which shall be determined by adding to the whole 
 number of free persons, including those bound to service for a term of 
 years, and excluding Indians not taxed, three-fifths of all other persons. 
 The actual enumeration shall be made within three years after the first 
 meeting of the congress of the' United States, and within every subse- 
 quent term of ten years, in such manner as they shall by law direct. 
 The number of representatives shall not exceed one for every thirty 
 thousand, but each state shall have at least one representative ; and untU 
 such enumeration shall be made, the state of New Hampshire shall be 
 entitled to choose three ; Massachusetts eight ; Rhode Island and Prov- 
 idence Plantations one ; Connecticut five ; New York six ; New Jersey 
 four ; Pennsylvania eight ; Delaware one ; Maryland six ; Virginia ten ; 
 North Carolina five ; South Carolina five ; and Georgia three. 
 
 When vacancies happen in the representation from any state, the ex- 
 ecutive authority thereof shall issue writs of election to fill such va- 
 cancies. 
 
 The house of representatives shall choose their speaker and other 
 officers, and shall have the sole power of impeachment. 
 
 Sec. 3. The senate of the United States shall be composed of two 
 senators from each state, chosen by the legislature thereof, for six years; 
 and each senator shall have one vote. 
 
 Immediately after they shall be assembled in consequence of the first 
 election, they shall be divided, as equally as may be, into three classes. 
 The seats of the senators of the first class shall be vacated at the expi- 
 ration of the second year, of the second class at the expiration of the 
 fourth year ; and of the third class at the expiration of the sixth year, so 
 that one-third may be chosen every second year; and if vacancies hap- 
 pen by resignation or otherwise, during the recess of the legislature o 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 189 
 
 any state, the executive thereof may make temporary appointments un- 
 til the next meeting of the legislature, -which shall then fill such vacan- 
 cie,s. 
 
 No person shall be a senator who shall not have attained to the age of 
 thirty years, and been nine years a citizen of the United States, and 
 who shall not, when elected, be an inhabitant of that state for which he 
 shall be chosen. 
 
 The vice-president of the United States shall be president of th« sen- 
 ate, but shall have no vote unless they be equally divided. 
 
 The senate shall choose their other officers, and also a president pro- 
 tempore, in tho absence of the vice-president, or when he shall exercise 
 the oflflce of president of the United States. 
 
 The senate shall have the sole power to try all impeachments. When 
 sitting for that purpose they shall be on oath or affirmation. When the 
 president of the United States is tried, the Chief-justice shall preside; 
 and no person shall be convicted without the concurrence of two-thirds 
 of the members present. ^ 
 
 Judgment in cases of impeachment shall not extend further than to 
 removal from office, and disqualification to hold and enjoy any oiflce of 
 honor, trust or profit, under the United States ; but the party convict- 
 ed, shall nevertheless be liable and subject to indictment, trial, judg- 
 ment and punishment, according to law. 
 
 Sec. 4. The times, places and manner of holding elections for sen- 
 ators and representatives, shall be prescribed in each state by the leg- 
 islature thereof; but the congress may, at any time, by law make or al- 
 ter such regulations, except as to the places of choosing senators. 
 
 The congress shall assemble at least once in every year, and such 
 meetings shall be on the first Monday in December, imless they shall 
 by law appoint a different day. 
 
 Sec'. 5. Each house shall be the judge of the elections, returns, and 
 qualifications of its own members ; and a majority of each shall consti- 
 tute a quorum to do business ; but a smaller number may adjourn from 
 day to day, and may be authorized to compel the attendance of absent 
 members, in such manner and under such penalties as each house may 
 provide. 
 
 Each house may determine the rules of its proceedings, punish its 
 members for disorderly behavior, and with the concurrence of two- 
 thirds, expel a member. 
 
 Each house shall keep a journal of its proceedings, and from time to 
 time publish the same, excepting such parts as may in their judgment, 
 require secrecy ; and the yeas and nays of the members of either house 
 on any question, shall, at the desire of one-fifth of those present, be en- 
 tered on the journal. 
 
 Neither house during the session of congress, shall, without the con- 
 sent of the other, adjourn for more than three days, nor to any other 
 place than that in which the two houses shall be sitting. 
 
 Sec. 6. The senators and representatives shall receive a compensa- 
 tion for their services, to be ascertained by law, and paid out of the 
 treasury of the United States. They shall, in all cases, except treason, 
 felony, and breach of the peace, be privileged from arrest during their 
 attendance at the session of their respective houses, and in going to, or 
 returning from the same ; and for any speech or delaate in either house, 
 they shall not be questioned in any other place. 
 
 No senator or representative shall, during the time for which he was, 
 
190 CIVIL GOVEENMENT OP THE STATES. 
 
 elected, be appointed to any civil office under the authority of the Tin- 
 ted States, ■which shall have been created, or the emoluments whereof 
 shall have been increased during such time ; and no person holding any 
 office under the United States, shall be a member of either house during 
 Ms continuance in office. 
 
 Sec. 7. All bills for raising revenue shall originate in the house of 
 representatives ; but the senate may propose or concur with amendments 
 as on other bills. 
 
 Every bill which shaUhave passed the house of representatives and the 
 senate, shall, before it becomes a law, be presented to the President of the 
 United States ; if he approve, he shall sign it ; but if not, he shall return 
 it, with his objections, to that house in which it shall have originated, 
 who shall enter the objections at large on their journal, and proceed 
 to reconsider it. If, after such reconsideration, two-thirds of that house 
 shall agree to pass the bill, it shall be sent, together with the objec- 
 tions, to the other house, by which it shall likewise be reconsidered, 
 and if approved by two-thirds of that house, it shall become a law. 
 But in all cases, the votes of both houses shall be determined by yeas 
 and nays, and the names of the persons voting for and against the bill, 
 shall be entered on the journal of each house respectively. If any bill 
 shall not be returned by the president within ten days, (Sundays ex- 
 cepted,) after it shall have been presented to him, the same shall be a 
 law, in like manner as if he had signed it, unless the congress by their 
 adjournment prevent it's return, in which case it shall not be a law. 
 
 Every order, resolution, or vote, to which the concurrence of the sen- • 
 ate and house of representatives may be necessary, (except on a ques- 
 tion of adjournment) shall be presented to the President of the United 
 States; and before the same shall take effect, shall be approved by him, 
 or, being disapproved by him, shall be repassed by two-thirds of the 
 senate and house of representatives, according to the rules and limita- 
 tions prescribed in the case of a bill. 
 
 Sec. 8. The congress shall have power. 
 
 To lay and collect taxes, duties, imposts, and excises, to pay the debts 
 and provide for the common defence and general welfare of the United 
 States ; but all duties, imposts, and exercises shall be uniform through- 
 out the United States ; 
 To borrow money on the credit of the United States : 
 
 To regulate commerce with foreign nations, and among the several 
 states, and with the Indian tribes : 
 
 To establish an uniform rule of naturalization, and uniform laws on 
 the subject of bankruptcies throughout the United States : 
 
 To coin money, regulate the value thereof, and of foreign coin, and 
 fix the standard of weights and measures : 
 
 To provide for the punishment of counterfeiting the securities and 
 current coin of the United States : 
 
 To establish post-offices and post-roads : 
 
 To promote the progress of science and the useful arts, by securing 
 for limited times, to authors and inventors, the exclusive right to their 
 respective writings and discoveries : 
 
 To constitute tribunals inferior to the supreme court : To define and 
 punish piracies and felonies committed on the high seas, and offences 
 ^.gainst the law of nations: 
 
CONSTITUTIONAL HISTORY OP UNITED STATKS. 191 
 
 To declare war, grant letters of marque and reprisal, and make rules 
 concerning captures on land and water: 
 
 To raise and support armies ; but no appropriation of money to that 
 use, shall be for a longer term than two years : 
 
 To provide and maintain a navy : 
 
 To make rules for the government and regulation of the land and na- 
 val forces : 
 
 To provide for calling forth the militia, to execute the laws of the Un- 
 ion, suppress insurrections, and repel invasions : 
 
 To provide for organizing, arming and disciplining the militia and 
 for governing such part of them as may be employed in the service of 
 the United States, reserving to the states respectively, the appointment 
 of the officers, and the authority of traiuing the militia according to the 
 discipline prescribed by congress. 
 
 To exercise exclusive legislation in all cases whatsoever, over such 
 district (not exceeding ten miles square) as may, by cession of particu- 
 lar states, and the acceptance of congress, become the seat of govern- 
 ment of the United States, and to exercise like authority over all plac- 
 es purchased, by the consent of the legislature of the state in which the 
 same shall be, for the erection of forts, magazines, arsenals, dock- 
 yards and other needful buildings : and 
 
 To make all laws which shall be necessary and proper for carrying 
 into execution the foregoing powers, and all other powers vested by 
 this constitution in the government of the United States, or in any de- 
 partment or officer thereof. 
 
 Sec. 9. The migration or importation of such persons as any of the 
 states now existing shall think proper to admit, shall not be prohibited 
 by the congress prior to the year one thousand eight hundred and eight, 
 but a tax or duty may be imposed on such importation, not exceeding 
 ten dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be suspended, un- 
 less when, in cases of rebellion or invasion, the public safety may re- 
 quire it. 
 
 No bill of attainder, or ex post facto law shall be passed. 
 
 No capitation or other direct tax shall be laid, unless in proportion 
 to the census or enumeration herein before directed to be taken. 
 
 No tax or duty shall be laid on articles exported from any state. No 
 preference shall be given by any regulation of commerce or revenue to 
 the ports of one state over those of another ; nor shall vessels bound to 
 or from one state be obliged to enter, clear, or pay duties in another. 
 
 No money shall be drawn from the treasury, but in consequence of 
 appropriations made by law ; and a regular statement and account of 
 the receipts and expenditures of all public money, shall be published 
 from time to time. 
 
 No title of nobility shall be granted by the United States, and no 
 person holding any office of profit or trust under them, shall, without 
 the consent of congress, accept of any present, emolument, office, or title 
 of any kind whatever, from any king, prince, or foreign state. 
 
 Sec. 10. No state shall enter into any treaty, alliance, or confedera- 
 tion ; grant letters of marque and reprisal ; coin money ; emit bills of 
 credit ; make anything but gold and silver coin a tender in payment of 
 debts ; pass any bill of attainder, ex post facto law, or law impairing the 
 obligation of contracts ; or grant any title of nobility. 
 
 No state shall, without the consent of the congress, lay any imposts 
 
192 CIVIL GOVERNMENT OF THE STATES. 
 
 or duties on imports or exports, except what may be absolutely neces- 
 sary for executing its inspection laws ; and the net produce of all duties 
 and imposts, laid by any state on imports or exports, shall be for the 
 use of the treasury of the United States, and all such laws shall be sub- 
 ject to £he revision and control of the congress. No state shall, with- 
 out the consent of congress, lay any duty of tonnage, keep troops or 
 ships of war in time of peace, enter into any agreement or compact with 
 another state, or with a foreign power, or engage in war, unless actu- 
 ally invaded, or in such imminent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 Sec. 1. The executive power shall be vested in a President of the 
 United States of America. He shall hold his oflce during the term of 
 four years, and together with the vice-president, chosen foi; the same 
 term, be elected as follows : 
 
 Each state shall appoint in such manner as the legislature thereof 
 may direct, a number of electors, equal to the whole number of senators 
 and representatives to which the state may be entitled in the congress ; 
 but no senator or representative, or person holding an office of trust or 
 profit under the United States, shall be appointed an elector. 
 
 The electors shall meet in their respective states, and vote by bal- 
 lot for two persons, of whom one at least shall not be an inhabitant of 
 the same state with themselves. And they shall make a list of all the 
 persons voted for, and of the number of votes for each ; which list they 
 shall sign and certify, and transmit sealed to the seat of the government 
 of the United States, directed to the president of the senate. The pres- 
 ident of the senate shall, in the presence of the senate and house of rep- 
 resentatives, open all the certificates, and the votes shall then be count- ' 
 ed. The person having the greatest number of votes shall be the pres- 
 ident, if such number be a majority of the whole number of electors ap- 
 pointed; and if there be more than one who have such majority, and 
 have an equal number of votes, then the house of representatives shall 
 immediately choose , by ballot, one of them for president ; and if no 
 person have a ma,jority, then from the five highest on the list, the said 
 house shall, in like manner, choose the president. But in choosing the 
 president, the votes shall be taken by states, the representation from 
 each state having one vote : a quorum for this purpose shall consist of 
 a member or members from two-thirds of the states, and a majority of 
 all the states shall be necessary to a choice. In every case, after the 
 choice of the president, the person having the greatest number of votes 
 of the electors, shall be the vice-president. But if there should remain 
 two or more who have equal votes, the senate shall choose from them, 
 by ballot, the vice-president. 
 
 , The congress may determine the time ofchoosing the electors and the 
 day on which they shall give their votes, which day shall be the same 
 throughout the United States. 
 
 No person, except a natural born citizen, or a citizen of the United 
 States at the time of the adoption of this constitution, shall be eligible 
 to the office of president ; neither shall any person be eligible to that 
 office, who shall not have attained to the age of thirty-five years, and 
 been fourteen years a resident within the United States. 
 
 In case of the removal of the president from office, or of his death 
 
CONSTITDTIONAL HISTOEY OF UNITED STATES lUS 
 
 resignation, or inability to discliarge the powers and duties of the said 
 office, the same shall devolve on the vice-president, and the congress 
 may, by law, provide for the case of removal, death, resignation, or ina- 
 bility, both of the president and vice-president, declaring what of&cer 
 shall then act as president, and such officer shall act accordingly, until 
 the disability be removed, or a president shall be elected. 
 
 The president shall, at stated times, receive for his services a com- 
 pensation, which shall neither be increased nor diminished during the 
 period for which he shall have been elected ; and he shall not receive 
 within that period any other emolument from the United States, or any 
 of them. 
 
 Before he enter on the execution of his offlce, he shall take the follow- 
 ing oath or affirmation. 
 
 "I do solemnly swear(or afflrm)that I will faithfully execute the office 
 of president of the United States, and will, to the best of my ability, 
 preserve, protect, and defend the constitution of the United States." 
 
 Sec. 2. The president shall be commander-in-chief of the army and 
 navy of the United States, and of the militia of the several states, when 
 called into the actual service of the United St^ites, he may require the 
 opinion in writing, of the principal officer in each of the executive de- 
 partments, upon any subject relating to the duties of their respective 
 offices ; and he shall have power to grant reprieves and pardons for of- 
 fences against the United States, except in cases of impeachment. 
 
 He shall have power by and with the advice and consent of the sen- 
 ate, to make treaties, provided two-thirds of the senators present concur, 
 and he hall nominate, and by and with the advice and consent of the 
 senate, shall appoint ambassadors, other public ministers, and consuls, 
 judges of the supreme court, and all other officers of the United States 
 (Those appointments are not herein otherwise provided for, and which 
 shall be established by law. But the congress may, by law, vest the 
 ippointment of such inferior officers as they think proper, in the presi- 
 ient alone, in the courts of law, or in the heads of departments. 
 
 The president shall have power to fill up all vacancies that may hap- 
 pen during the recess of the senate, by granting commissions, which 
 shall expire at the end of their next session. 
 
 Sec. 3. He shall, from time to time, give to the congress informa- 
 ion of the state of the Union, and recommend to their consideration, 
 luch measures as he shall judge necessary and expedient : he may on 
 sxtraordinary occasions, convene both houses, or either of them, and in 
 iase of disagreement between them, with respect to the time of adjourn- 
 nent, he may, adjourn them to such time as he shall think proper ; he 
 hall receive ambassadors and other public ministers ; he shall take 
 iare that the laws be faithfully executed ; and shall commission all the 
 ifficers of the United States. 
 
 Sec. 4. The president, vice-president, and all civil officers of the 
 Jnited States, shall be removed from office on impeachment for, and 
 onviction of, treason, bribery, or other high crimes and misdemeanors. 
 
 AETICLE III. 
 
 Sec 1. The judicial power of the United States, shall be vested in 
 ne supreme court, and in such inferior courts as the congress may, 
 rom time to time ordain and establish. The judges both of the su- 
 
194 civil, GOTERNMENX OF THE STATES. 
 
 preme and inferior courts, shall hold their offices during good behavior ; 
 and shall, at stated times, receive for their services a compensation 
 which shall not be diminished during their continuance in office. 
 
 Sec. 2. The judicial power shall extend to all cases in law and 
 equity, arising under this constitution, the laws of the United States, 
 and treaties made, or which shall be made under their authority ; to all 
 cases affecting ambassadors, other public ministers, and consuls ; to all 
 cases of admiralty and maratime jurisdiction ; to controversies to which 
 the United States shaU be a party ; to controversies between two or more 
 states, between a state and citizens of another state, between citizens of 
 different states, between citizens of the same state claiming lands under 
 grants of different states, and between a state, or the citizens thereof, 
 and foreign states, citizens or subjects. 
 
 In all cases affecting ambassadors, other public ministers and consuls, 
 and those in which a state shall be a party, the supreme court shall have 
 original jurisdiction. In all the other cases before mentioned, the 
 supreme court shall have appellate jurisdiction, both as to law and fact, 
 with such exceptions and under such regulations as the Congress shall 
 make 
 
 The trial of all crimes, except in cases of impeachment, shall be by 
 jury, and such trial shall be held in the state where the said crimes shall 
 have been committed ; but when not committed within any state, the 
 trial shall be at such place or places as the congress may by law have 
 directed. 
 
 Sec. 3. Treas6n against the United States shall consist only in levy- 
 ing war against them, or in adhering to their enemies, giving them aid 
 and comfort. No person shall be convicted of treason unless on the 
 testimony of two witnesses to the same overt act, or on confession in 
 open court. 
 
 The congress shall have power to declare the punishment of treason ; 
 but no attainder of treason shall work corruption of blood, or forfeiture, 
 except during the life of the person attainted. 
 
 ARTICLE IV. 
 
 Sec. 1. Full faith and credit shall be given in each state to the public 
 acts, records, and judicial proceedings of every other state. And the con- 
 gress may, by general laws, prescribe the manner in which such acts, 
 records and proceedings, shall be proved, and the effect thereof. 
 
 Sec. 2. The citizens of each state shall be entitled to all privileges 
 and immunities of citizens in the several states. 
 
 A person charged in any state with treason, felony, or other crime, 
 who shall flee from justice, and be found in another state, shall, on de- 
 mand of the executive authority of the state from which he fled, be de- 
 livered up, to be removed to the state having jurisdiction of the crime. 
 
 No person held to service or labor in one state under the laws there- 
 of, escaping into another, shall, in consequence of any law or regulation 
 therein, be discharged from such service or labor ; but shall be deliver- 
 ed up on claim of the party to whom such ser^rlce or labor may be due. 
 
 Sec. 3. New states may be admitted by the congress into this 
 Union ; but no new state shall be formed or erected within the juris- 
 diction of any other state, nor any state be formed by the junction of 
 
CONSTITUTIONAL HISTOEY OF UNITED STATES. 195 
 
 two or more states or parts of states, without the consent of the legis- 
 atures of the states concerned, as well as of the congress. 
 
 The congress shall have power to dispose of, and make all needful 
 rules and regulations respecting the territory or other property be- 
 longing to the United States j and nothing in this constitution shall be 
 so construed as to prejudice any claims of the United States, or of any 
 particular state. 
 
 Sec. 4. 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 of the execu- 
 tive, (when the legislature cannot be convened,) against domestic vio- 
 lence. 
 
 ARTICLE V. 
 
 The congress, whenever two-thirds of both houses shall deem it 
 necessary, shall propose amendments to this constitution ; or, on the 
 application of the legislatures of two-thirds of the several states, shall 
 call a convention for proposing amendments, which, in either case, shall 
 be valid to all intents andr purposes, as part of this constitution, when 
 ratified by the legislatures of three-fourths of the several states, or by 
 conventions in three-fourths thereof, as the one or the other mode of 
 ratification may be proposed by the congress ; Provided, That no amend- 
 ment, which may be made prior to the year one thousand eight hundred 
 and eight, shall in any manner affect the first and fourth clauses in the 
 ninth section of the first article ; and that no state, without its consent, 
 shall be deprived of its equal suffrage in the senate. 
 
 AETICLE VI. 
 
 All debts contracted and engagements entered into, before the adop- 
 tion of this constitution, shall be as valid against the United States un- 
 der this constitution, as under the confederation. 
 
 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 ; 
 any thing in the constitution or laws of any state to the contrary not- 
 withstanding. 
 
 The senators and representatives before mentioned, and the members 
 of the several state legislatures, and all executive and judicial officers, 
 both of the United States, and of the several states, shall be bound by 
 an oath or affirmation, to support this constitution ; but no religious test 
 shall be required as a quaMflcation to any office or public trust un- 
 der the United States. 
 
 AETICLE VII. 
 
 The ratification of the conventions of nine states, shall be sufficient 
 for the establishment of this constitution between the states so ratify- 
 ing the same. 
 Done in convention, by the unanimous consent of the states present, 
 
 the seventeenth Aaj of September, in the year of our Lord one thou- 
 
196 CIVIL GOVERNMENT OP THE STATES. 
 
 sand seven hundred and eighty-seven, and of the Independence of the 
 
 United States of America, the twelfth. In witness whereof, we 
 
 have hereunto subscribed our names. 
 
 GEORGE WASHINGTON, President, 
 and Deputy from Virginia. 
 
 New Sampshire. — John Langdon, Nicholas Gilman. 
 
 Massachusetts. — Nathaniel Gorham, Eufus King. 
 
 Connecticut. — ^William Samuel Johnson, Roger Sherman. 
 
 New York. — Alexander Hamilton. 
 
 New Jersey. — William Livingston, David Brearly, William Patter- 
 son, Jonathan Dayton. 
 
 Pennsylvania. — Benjamin Franklin, Thomas Mifflin, Robert Morris, 
 George Clymer, Thomas Fitzsimons, Jared Ingersol, James Wilson, 
 Gouverneur Morris. 
 
 Delaware. — George Read, Gunning Bedford, Jun, John, Dickinson, 
 Richard Bassett, Jacob Broom. 
 
 Maryland. — James M'Henry, Daniel of St, Tho, Jenifer, Daniel Car- 
 roll. 
 
 Virginia. — John Blair, James Madison, Jun. 
 
 North Carolina. — William Blount, Richard Dobbs Spaight, Hugh 
 Williamson. 
 
 South Carolina. — John Rutledge, Charles Cotesworth Pinckney, 
 Charles Pinckney, Pierce Butler. 
 
 Georgia. — William Few, Abraham Baldwin. 
 
 Attest, ■ WILLIAM JACKSON, Secretary. 
 
 The conventions of a number of the states, having, at the time of their 
 adopting the constitution, expressed a desire, in order to prevent mis- 
 construction or abuse of its powers, that further declaratory and re- 
 strictive clauses should be added, congress, at the session begun and 
 held at the city of New York, on Wednesday, the 4th of March, 
 1789, proposed to the legislatures of the several states twelve amend- 
 ments, ten of which only were adopted. They are the ten first fol- 
 lowing : 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 ARTICLE I. 
 
 Fii-st Session, First Congress, March Ath, 1789. 
 Congress shall make no lawTCspecting an establishment of religion, 
 or prohibiting the free exercise thereof; or abridging the freedom of 
 speech, or of the press ; or the right of the people peaceably to assem- 
 ble, and to petition the government for a redress of grievances. 
 
 ARTICLE II. 
 
 A well regulated militia being necessary to the security of a free 
 state the right of the people to keep and bear arms, shall not be in- 
 fringed. 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace, be quartered in any house without 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 197 
 
 the consent of the owner ; nor in time of war, but in a manner to be 
 prescribed by law. 
 
 AETICLE IV. 
 
 The right of the people to be secure in their persons, houses, papers , 
 and effects, against unreasonable searches and seizures, shall not be vi- 
 olated ; and no warrants shall issue, but upon probable cause, support- 
 ed by oath or affirmation, and particularly describing the place to be 
 searched, and the persons or things to be seized. 
 
 AETICLE V. 
 
 No person shall be held to answer for a capital or otherwise infa- 
 mous crime, unless on a presentment or indictment of a grand jury, 
 except in cases arising in the land or naval forces, or in the militia, 
 when in actual service, in time of war or public danger ; nor shall any 
 person be subject for the same offence to be twice put in jeopardy of 
 life or limb ; nor shall be compelled, in any criminal case, to be a wit- 
 ness against himself, nor be deprived of life, liberty or property, with- 
 out due process of law ; nor shall private property be taken for public 
 use without just compensation. 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy the right to a 
 speedy and public trial, by an impartial jury of the state and district 
 wherein the crime shall have been committed, which district shall have 
 been previously ascertained by law, and to be informed of the nature 
 and cause of the accusation ; to be confronted with the witnesses against 
 him ; to have compulsory process for obtaining witnesses in his favor ; 
 and to have the assistance of counsel for his defence. 
 
 ARTICLE VII. 
 
 In suits at common law, where the value in controversy shall exceed 
 twenty dollars, the right of trial by jury shall be preserved, and no 
 fact tried by a jury shall be otherwise re-examined in any court of the 
 United States, than according to the rules of the common law. 
 
 AETICLE VIII. 
 
 . Excessive bail shall not be required, nor excessive fines imposed, nor 
 cruel and unusual punishments inflicted- 
 
 ARTICLE IX. 
 
 The enumeration in the constitution of certain rights, shall not be 
 construed to deny or disparage others retained by the people. 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by the constitution, 
 nor prohibited by it to the states, are reserved to the states respective- 
 ly, or to the.people. 
 
198 civil. GOVERNMENT OF THE STATES. 
 
 ARTICLE XI. 
 
 Third Congress, Second Scsswn, December 2, 1793. 
 TliG judicial power of tlie Uuitcd States shall not be construed to 
 extend to any suit in law or equity, commenced or prosecuted against 
 one of theUnited States by citizens of another state, or by citizens or 
 subjects of any foreign state. 
 
 ARTICLE XII. 
 
 ^Eighth Congress, First Session, October 17, 1803. 
 
 The electors shall meet in their respective states, and vote by ballot 
 for president and vice-president, one of whom, at least shall not be an 
 inhabitant of the same state with tliemselves ; they shall name in their 
 ballots tlie person voted for as president, and in distinct ballots the per- 
 son voted for as vice-president ; and they shall make distinct lists of all 
 persons voted for as president, and of all persons voted for as vice- 
 president; and of the number of votes for each, which lists they shall 
 sign and certify, and transmit sealed to the seat of the government of 
 the United States, directed to the president of the senate ; the presi- 
 dent of the senate shall, in the presence of the senate and liouse of rep- 
 resentatives, open all the certiiicates, and the votes shall then be coun- 
 ted : the person having the greatest number of votes for president, shaill 
 be the president, if such number be a majority of the yhole number of 
 electors appointed ; and if no person have such majority, then from the 
 persons having the highest numbers, not exceeding three, on the list of 
 those voted for as president, the house of representatives shall choose 
 immediately, by ballot, the president. But in choosing the president, 
 the votes shall be taken by states, the representation from each state 
 having one vote ; a quorum for this purpose shall consist of a member 
 or members from two-thirds of the states, and a maj ority of all the states 
 shall be necessary to a choice. And if the house of representatives 
 shall not choose a president whenever the right of choice shall devolve 
 upon them, before the fourth day of March next following, then the 
 vice-president shall act as president, as in the case of death or other 
 constitutional disability of the president. 
 
 The person having the greatest number of votes as vice-president, 
 shall be the vice-president, if such number be a majority of the whole 
 number of electors appointed ; and if no person have a majority, then 
 from the two highest numbers on the list, the senate shall choose the 
 vice-president: a quorum for the purpose shall consist of two-thirds 
 of the whole number of senators, and a majority of 'the whole number 
 shall be necessary to a choice. 
 
 But no person constitutionally ineligible to the office of president, 
 shall be eligible to that of vice-president of the United States. 
 
 ARTICLE XIII. 
 
 Sec. 1. Slavery abolished, — Neit'ner slavery nor involuntary Eem- 
 tude except as a punishment for crime whereof the party shall have 
 peen duly convicted, shall exist within the United States, or in any 
 pla«e subject to their jurisdiction. 
 
CONSTITUTIONAL HISTORT OT UNITED STATES. 199 
 
 Sec. 2. Power of Congress. — Congress shall have power to enforce 
 this article by appropriate legislation. (Declared adopted by the Sec- 
 retary of state Feb. 18, 1865) 
 1 Abb, (U. S,) 28 J 1 Dill, C. K. 248. 
 
 AJITICLE XIV. 
 
 Sec. 1. Who are citizens. — All persons born or naturalized in the 
 United States, and subjects to the jurisdiction thereof, axe citizens of the 
 United States and of the state wherein they reside. No state shall 
 make or enforce any law which shall abridge the privileges or immuni- 
 ties of citizens of the United States ; nor shall any state deprive any 
 person of Ufe, liberty, or property without due process of law, nor deny 
 to any person within its jurisdiction the equal protection of the law. 
 
 Sec. 2. Representatives, how apportioned, — Kepreseutatives shall 
 be apportioned among the several states according to their respective 
 numbers: counting the whole number of persons in each state, exclud- 
 ing Indians not taxed, but when the right to vote at any election for 
 the choice of electors for President and Vice-President of the United/ 
 States, representatives in Congress, the executive and judical officers 
 of a state, or the members of the legislature thereof is denied to any of 
 the male inhabitants of such state being twenty-one years of age, and 
 citizens of the United States, or in any way abridge, except for partic- 
 ipation in the rebellion or other crime, the basis of representation 
 therein shall be reduced in the proportion which the number of such 
 male citizens shall bear to the whole number of male citizens twenty- 
 one years of age in such state. 
 
 Sec. 3. Eligibility to offlce, &c. — No person shall be Senator or Eep- 
 resentative in Congress, or elector of President or Vice-President or 
 hold any office civil or military, under the United States or under any 
 state, who having previously taken the oath as a member of Congress 
 or an ofBcer of the United States, or as a member of any state legislature, , 
 or an executive or judical officer of any state, to support the constitu- 
 tion of the United States, shall have engaged in insurrection or rebellion 
 against the same, or has given aid and comfort to the enemies thereof.^ 
 
 But Congress may by a vote of two thirds of each house remove such 
 disability. 
 
 Sec. 4. Validity of public debt not to be questioned. — 
 The validity of the public debt of the United States authorized by 
 law, including debts incurred for payment of pensions and bounties for 
 services in suppressing insurrection or rebellion against the United 
 States shall not be questioned. But neither the United States nor any 
 State shall assume or pay any debt or obligation incurred in aid of in- 
 surrection or rebellion against the United States, or any claim fortliC' 
 loss or emancipation of any slave, but all such debts, obligations and 
 claims shall be held illegal and void. 
 
 Sec. 5 That Congress shall have power to enforca by appropriate 
 legislation the provisions of this article. 
 
 (Declared adopted by the Secretary of State, 28th of July, 1869.) 
 44 Alo. 367.: Cal. 658.: 1 Dill. C. E. 344. 
 
200 CIVIL GOVERNMENT OF THE STATES. 
 
 ARTICLE XV. 
 
 Sec. 1. In regard to suflfrage, — The rights of citizens of the United 
 States to vote shall not be denied or abridged by the United States, or 
 any State, on account of race or color, or previous condition of servi- 
 tude. 
 
 Sec. 2. Congress shall have power to enforce this article by the ap- 
 propriate legislation. 
 
 (Declared adopted by the Secretary of State, March 30, 1870. 
 
CONSTITUTIONAL HISTOEY OP UNITED STATES. 201 
 
 NATIONAL PLATFORMS. 
 
 Before the nomination of Gen. Jackson by the Legislature of Ten 
 nessee, Candidates for President and Vice President were nomin ated 
 hy " Congressional Caucus", so that National conventions are of com- 
 paratively recent origin, as also party platforms. 
 
 U.. S. Anti-masonic convention- 
 
 The United States Anti-masonic convention was held at Philadel- 
 phia in September, 1830, when the following resolution was adopted ; 
 " Resolved, that it is recommended to the people of the United States, 
 opposed to Secret Societies, to meet in convention on Monday the 26th day 
 of September, 1831, at the city of Baltimore by delegates equal in num- 
 ber to their representatives in both houses of Congress, to make nom- 
 inations of suitable candidates for the office of President and Vice-Pres- 
 ident, to be supported at the next election, and for the transaction of 
 such other business as the cause of Anti-Masonry may require." 
 
 The Democratic convention met at Baltimore in May, 1832, when the 
 following platform was adopted ; 
 
 " Resolved, that each state be entitled, in the nomination to be made 
 for the Vice-Presidency, to a number of votes equal to the number to 
 which they will be entitled in the electoral colleges, under the new ap- 
 portionment in voting for President and Vice-President ; and that two- 
 thirds of the whole number of the votes in the convention shall be nec- 
 essary to constitute a choice." 
 
 ; The following resolution was adopted : 
 
 , " Resolved that it be recommended to the several delegations in this 
 convention, in place of a general address from this body to the people 
 'of the United States, to make such explanation by address, report, or 
 otherwise, to their respective constituents af the object, proceedings 
 and result of them eeting, as they may deem expedient. 
 
 Henry Clay platform of 1831 : 
 
 " The political history of the union for the last three years exhibits 
 a series of measures plainly dictated in all their principal features by 
 blind cupidity or vindictive party spirit, marked throughout by a dis- 
 regard of good policy, justice, and every high and generous sentiment, 
 and terminating in a dissolution of the cabinet under circumstances 
 more discreditable than any of the kind to be met with in the annals of 
 the civilized world." 
 
 " On the great subjects of internal policy, the course of the President 
 has been so inconsistent and vacillating, that it is impossible for any 
 party to place confidence in his character, or to consider him as a true 
 
202 CIVIL GOVERNMENT OF THE STATES. 
 
 and effective friend. By avowing his approbation of a judicious tariff, 
 at the same time recommending to Congress precisely the same policy 
 which had been adopted as the best plan of attack by the opponents of 
 that measure ; by admitting the constitutionality and expediency of in- 
 ternal improvements of a National character, and at the same moment 
 negotiating the most important bills of this discription which were pre- 
 sented to him by Congress, the President has shown that he is either a 
 secret enemy to the system, or that he is willing to sacrifice the most 
 important national objects in a vain attempt to conciliate the conflict- 
 ing interest, or rather adverse party feeling and opinions of different 
 sections of the country," 
 
 The young men of ttie tlay party held a convention at the Capital 
 May 11, 1832, when the following platform was adopted ; 
 
 " Resolved, that an adequate protection to American Industry is in- 
 dispensable to the prosperity of the country ; and that an abandonment 
 of the policy at this period would be attended with consequences ruin- 
 ous to the best interests of the Nation." 
 
 " Resolved, that a uniform system of internal improvements, sustain- 
 ed and supported by the general government, is calculated to secure, 
 in the highest degree, the harmony, the strength and the permanency 
 of the Republic. 
 
 " Resolved, that the indiscriminate removal of public officers, for a 
 mere difference of political opinion, is a gross abuse of power ; and that 
 the doctrines lately boldly preached in the United States Senate, that " to 
 the victors belong the spoils of the vanquished," is detrimental to the 
 interests, corrupting to the morals, and dangerous to the liberties of 
 the people of this country." 
 
 The Democratic convention which met at Baltimore, May 1835,unan- 
 imously nominated Van Buren for President. No platform was adopt- 
 ed by this convention. 
 
 The Whig National convention met at Harrisburg, Pa. December 4, 
 1839, and nominated William Henry Harrison for President. It adopt- 
 ed no platform. 
 
 A convention of abolitionists met at Warsaw, N. Y. Nov. 13, 1839. 
 James G. Birney, of New York, and Francis J. Lemoyne, of Pa. were 
 nominated for President and Vice-President. The following platform 
 was adopted : 
 
 " Resolved, that in our judgment every consideration of duty and ex- 
 pediency which ought to control the action of Christian freemen, re- 
 quires of the abolitionists of the U. S. to organize a distinct and inde- 
 pendent political party, embracing all the necessary means for nomina- 
 ting Candidates for office and sustaining them by public suffta"-e." 
 
 A Democratic National convention met at Baltimore, May^S, 1840. 
 The following platform was adopted : 
 
CONSTITUTIONAI, HISTOBY OF UNITED STATES 203 
 
 " 1. Resolved, that the Federal Government is one of limited pow- 
 ers, derived solely from the constitution, ard the grants of power 
 shown therein ought to be strictly construed by all the departments 
 and agents of the government, and that it is inexpedient and danger- 
 ous, to exercise doubtful constitutional powers." 
 
 " 2. Resolved, that the constitution does not confer authority upon 
 the general government the power to commence or carry on a general 
 system of internal improvement." 
 
 " 3. Resolved, that the constitution dbos not confer authority upon 
 the Federal Government, directly or indirectly, to assume the debts of 
 the several states, contracted for local internal improvements or other 
 state purposes ; nor would such assumption be just or expedient." 
 
 "4. Resolved, that justice and sound policy forbid the Federal Gov- 
 ernment to foster one branch of industry to the detriment of another 
 portion of our common Country — that every citizen and every section 
 of the country has a right to demand and insist upon an ample protec- 
 tion of persons and property from domestic violence or. foreign aggres- 
 sion." 
 
 " 5. Resolved, that it is the duty of every branch of the government 
 to enforce and practice the most rigid economy in conducting our pub- 
 lic affairs, and that no more revenue ought to be raised than is required 
 to defray the necessary expenses of the government." 
 
 " 6. Resolved, that Congress has ^o power to charter a United States 
 Bank, that we believe such an institution one of deadly hostility to the 
 best interests of the country, dangerous to our republican institutions 
 and the liberties of the people, and calculated to place the business of 
 the country within the control of a concentrated money power, and a- 
 bove the laws and the will of the people." 
 
 " 7. Resolved, that Congress has no power under the constitution, to 
 interfere with or control the domestic constitutions of the several 
 states; and that such states are the sole and proper judges of every 
 thing pertaining to their own affairs, not prohibited by the constitu- 
 tion; that all efforts, by abolitionists or others, made to induce con- 
 gress to interfere with the questions of slavery, or to take incipient 
 steps in relation thereto, are calculated to lead to the most alarming 
 and dangerous consequences, and that all such efforts have an inevita- 
 ble tendency to diminish the happiness of the people, and endanger the 
 stability and permanency of the Union, and ought not to be counte- 
 nanced by any friend to our Political Institutions." 
 
 " 8. Resolved, that the separation of moneys of the Government from 
 banking institutions is indispensable for the safety of the funds of the 
 government and the rights of the people. 
 
 " 9. Resolved, that the liberal principles embodied by Jefferson in 
 the Declaration of Independence, and sanctioned in the constitution, 
 which makes ours the land of liberty and the asylum of the oppressed 
 of every nation, have ever been cardinal principles in the democratic 
 faith ; and every attempt to abridge the present privilege of becoming 
 citizens, and the owners of soil among us, ought to be resisted with the 
 same spirit which swept the Alien and Sedition Laws from our statute 
 book." 
 
 " Whereas, several of the states which have nominated Martin Van 
 Biiren as Candidate for the Presidency, have put in nomination differ- 
 ent individuals as Candidates for Vice-President, thus indicating a di- 
 versity of opinion as to the person best entitled to the nomination 
 
204 CIVIL GOVERNMENT OF THE STATES. 
 
 and whereas some of the said states are not represented in this conven- 
 tion, therefore, 
 
 "Resolved, that the convention deem it expedient at thepresent time 
 not to choose between the individuals in nomination, but to leave the 
 decision to their Democratic fellow-citizens in the several states, trust- 
 ing that before the election shall take place, their opinions will become 
 so concentrated as to secure the choice of a Vice-President by the Elec- 
 toral College." 
 
 The Whig National convention met at Baltimore, May 1, 1844. 
 
 The following platform was adopted ; 
 
 " Resolved, that these principles may be summed as comprising a 
 well regulated National Currency — a tariff for revenue to defray the 
 necessary expenses of the government, and discriminating with special 
 reference to the protection of the domestic labor of the country — ^the 
 distribution of the proceeds from the sales of the Public Lands — a sin- 
 gle term for the Presidency — a reform of executive usurpation — and 
 generally such an administration of the affairs of the country, as shall 
 impart to every branch of the public service the greatest practicable 
 efficiency, controlled by a well-regulated and wise economy." 
 
 A Democratic National Convention met at Baltimore, May 27, 1844, 
 when the following platform was adopted ; 
 
 " Resolved, that the proceeds of the Public Lands ought to be sacred- 
 ly applied to the national objects specified in the constitution, and that 
 we are opposed to the laws lately adopted and to any law for the distri- 
 bution of such proceeds among the several states, as alike inexpedient 
 in policy and repugnant to the constitution. " 
 
 " Resolved, that we are decidedly opposed to taking from the Presi- 
 dent the qualified veto power by which he is enabled under restrictions 
 and responsibilities amply sufficient to guard the public interest, to 
 suspend the passage of a bill, whose m^erits cannot secure the approv- 
 al of two-thirds of the Senate and House of Representatives until the 
 judgment of the people can be obtained thereon, and wliich has thrice 
 saved the American people from the corrupt and tyrannical domination 
 of the Bank of the United States." 
 
 " Resolved, that our title to the whole of the Territory of Oregon is 
 clear and unquestionable ; that no portion of the same ought not to be 
 ceded to England or any other power ; and that the reoccupation of 
 Oregon and the reannexation of Texas at the earliest practicable peri- 
 od are great American measures, which this convention recommends to 
 the cordial support of the Democracy of the Union." 
 
 The Liberty party held a convention at Buffalo, August" 30, 1843. 
 James G. Birney was nominated for President, and Thomas Morris for 
 Vice-President. The followng platform was adopted j 
 
 " Resolved, that human brotherhood is a cardinal principle of true 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 205 
 
 Democracy, as well as of pure Christianity, which spurns all incon- 
 sistent limitations ; and neither the political party which repudiates 
 it nor the political system which is not based upon it, can he truly Dem- 
 ocratic or permanent. 
 
 " Resolved, that the Liberty Party, placing itself upon this broad 
 principle, will demand the absolute and unqualified, divorce of the gen- 
 eral Government from slavery, and also the restoration of equality of 
 rights, among men, in every state where the party exists, or may ex- 
 ist. 
 
 " Resolved, that the Liberty Party has not been organized for any 
 temporary purposes by interested politicians, but has arisen from among 
 the people in consequence of a conviction, hourly gaining ground, that 
 no other party in the country represents the true principles of American 
 liberty, or the true spirit of the constitution of the United States. 
 
 " Resolved, that the Liberty Party has not been organized merely 
 for the overthrow of slavery ; its first decided efforts must, indeed be 
 directed against slaveholding as the grossest and most revolting man- 
 ifestation of despotism, but it wUl also carry out the principle of equal 
 rights into all its practical consequences and applications, and support 
 every just measure conductive to individual and social freedom. 
 
 " Resolved, that the Liberty Party is not a sectional party but a na- 
 tional party ; was not originated in a desire to accomplish a single ob- 
 ject, but in a comprehensive regard to the great interests of the whole 
 country ; is not a new party, nor a third party, but is the party of 1776 
 reviving the principles of tliat memorable era, and striving to carry, 
 them into practical application. 
 
 " Resolved, that it was iinderstood in the times of the declaration 
 and the constitution, that the existence of slavery in some of the states, 
 was a derogation of the principles of American Liberty, and a deep 
 stain upon the character of the country, and the implied faith of the 
 states and the Nation was pledged that slavery should never be ex- 
 tended beyond its then existing limits, but should be gradually, and 
 yet at no distant day, wholly abolished by state authority. 
 
 Resolved, that the faith of the states and the Nation, thus pledged, 
 was most nobly redeemed by the voluntary abolition of slavery in sev- 
 eral of the states, and by the adoption of the ordinance of 1787, for the 
 government of the Territory northwest of the river Ohio, then the only 
 Territory in the United States, and consequently the only territory subr 
 ject in this respect to the control of congress by which ordinance slav- 
 ery was forever excluded from the vast regions which now comprise 
 the states of Ohio, Indiana, Illinois, Michigan, and the Territory of 
 Wisconsin, and an incapacity to bear up any other than freemen, was 
 impressed on the soil itself. 
 
 Rdsolved, that the faith of the states and the Nation thus pledged, 
 has been shamefully violated by the omission on the part of many of 
 the states, to take any measures whatever for the abolition of slavery 
 within their respective limits ; by the continuance of slavery in the 
 District of Columbia, and in the Territories of Louisiana and Florida ; 
 by the legislation of Congress ; by the protection afforded by national 
 legislation and negation to slaveholding in American vessels, on the 
 high seas employed in the coastwise slave traffic ; and by the extension 
 of slavery far beyond its original limits, by acts of congress, admitting 
 new slave states into the Union." 
 
 „ Resolved, that the fundamental truths of the Declaration of Inde- 
 
206 CIVIL GOVERNMENT OF THE STATES. 
 
 pendence, that all men are endowed by their Creator with certain ina- 
 Menable rights, among which are life, liberty and the pursuit ot happi- 
 ness, was made the fundamental law of our National Government by 
 that amendment of the constitution which declares that no person shall 
 be deprived of life, liberty or property, without due process of law. 
 
 " Resolved, that we recognize as sound, the doctrine maintained by 
 slaveholding jurists, that slavery is against natural rights, and strictly 
 local, and that its existence and continuance rests on no other support 
 than state legislation, and not on any authority of Congress. 
 
 "Resolved, that the general government has under the constitution 
 no power to establish or continue slavery anywhere, and therefore that 
 all treaties and acts of Congress establishing, continuing or favoring 
 slavery in the District of Columbia, in the Territory of Florida, or on 
 the high seas, are unconstitutional, and all attempts to hold men as 
 property, within the limits of exclusive national jurisdiction ought to 
 be prohibited by law. 
 
 " Resolved, that the provision of the constitution of the United States, 
 which confers extraordinary political powers on owners of slaves, and 
 thereby constituting the two hundred and fifty thousand slaveholders 
 in the slave states a privileged aristocracy ; and the provision for the 
 reclamation of fugitive slaves from service are Anti-Republican in 
 their character, dangerous to the liberties of the people, and ought to 
 be abrogated. 
 
 " Resolved, that the practical operation of the second of these provi- 
 sions is seen in the enactment of the act of congress respecting persons 
 escaping from their masters, which act, if the construction given to it 
 by the Supreme Court of the United States m the case of Prigg vs. 
 Pennsylvania, be correct, nullifies the habeas corpus acts of all the 
 states, takes away the whole legal security of personal freedom, and 
 ought therefore to be immediately repealed. 
 
 "Resolved, that the peculiar patronage and support hitherto extend- 
 ed to slavery and slaveholding, by the general government, ought to 
 be immediately withdrawn, and the example and influence of national 
 authority ought to be arrayed on the side of Liberty and- Freedom. 
 
 " Resolved, that the practice of the general government, which pre- 
 vails in the slave states, of employing slaves upon the public works, 
 instead of free laborers, and paying aristocratic masters, with a view 
 to secure or reward political services, is utterly indefensible and ought 
 to be abandoned. 
 
 " Resolved, that freedom of speech, and of the press, and the right 
 of petition, and the right of trial by jury, are sacred and inviolable ; 
 and that all rules, regulations and laws, in derogation of either are op- 
 pressive, unconstitutional, and not to be endured by free people. 
 
 " Resolved, that we regard voting in an eminent degree, as a moral 
 and religious duty, which, when exercised, should be by voting for 
 tliose who will do all in their power for immediate emancipation. 
 
 " Resolved, that this convention recommend to the friends of liberty 
 in all those Free States where any inequality of rights and privileges 
 exists on account of color, to employ their utmost energies to remove 
 all such remnants and effects of the slave system. 
 
 " Whereas the constitution of these United States is a series of 
 agreements, covenants, or contracts between the people of the United 
 States each with all, and all with each ; and 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 207 
 
 " Whereas, it is a principle of Universal Morality, that the moral 
 laws of the creator are paramount to all human laws ; or, in the lan- 
 guage of an apostle, that " we ought to obey God la tUer than men ;" 
 and, 
 
 " Whereas, the principle of common law — that any contract, coven- 
 ant, or agreement to do an act derogatory to natural right, is vitiated 
 and annulled by its inherent immorality — ^has been recognized by one 
 of the justices of the Supreme Court, of the United States, who in a re- 
 cent case expressly holds that any contract, that rests upon such a 
 basis is void, and 
 
 " Whereas, the third clause of the second section of the fourth arti- 
 cle of the constitution of the United States, when construed as pro- 
 viding for the surrender of a Fugitive Slave, does rest upon such a 
 basis, in that it is a contract to rob a man of a natural right — namely, 
 his natural right to his own liberty, and is, therefore, absolutely void, 
 therefore, 
 
 " Eesolved, that we hereby give it to be distinctly understood by 
 jnis nation and the world, that, as abolitionists, considering that the 
 strength of our cause lies in its righteousness, and our hope for it in 
 our conformity to the laws of God, and our respect for the rights of 
 man, we owe it to the sovereign Ruler of the universe, as a proof of our 
 allegiance to him, in all our civil relations and oflSces, whether as pri- 
 vate citizens or as public functionaries sworn to support the constitu- 
 tion of the United States to regard and to treat the third clause of the 
 fourth article of that instrument, whether applied to the case of a fugi- 
 tive slave, as utterly null and void and consequently as forming no 
 part of the constitution of the United States, whenever we are c^led 
 upon or sworn to stipport it." 
 
 Eesolved, that the power given to congress by the constitution, to 
 provide for calling out the militia to suppress insurrection, does not 
 make it the duty of the government to maintain slavery by military 
 force, much less does it make it the duty of the citizens to form a part 
 of such military force. When freemen unsheath the sword it should 
 be to strike for Liberty, not for despotism. 
 
 Eesolved. That to preserve the peace of the citizens, and secure the 
 blessings of freedom, the Legislature of each of the Free States ought to 
 keep in force suitable statutes rendering it penal for any of its inhabi- 
 tants to transport, or aid in transporting from such state any person 
 sought to be thus transported, merely because subject to the slave laws 
 of any other state ; this remnant of independence being accorded to 
 the Free States, by the decision of the Supreme Court, in the case of 
 Prigg vs. the state of Pennsylvania. 
 
 The Whig National Convention 1848 : 
 
 Eesolved. That no candidate shall be entitled to receive the nomi- 
 nation of this convention for President or Vice-President, unless he 
 has given assurances that he will abide by and support the nomination ; 
 that if nominated he will accept the nomination ; that he will consider 
 himself the candidate of the Whigs, and use all proper influence to bring 
 into practical operation tlie principles and measures of the Whig Party, 
 Eesolved. That as the first duty of the representatives of the Whig 
 
208 crsriL goteknment of the states. 
 
 party is to preserve the principles and integrity of the party, the claims 
 of no candidate can be considered by this convention unless such candi- 
 date stands pledged to support, in good faith, the nominees and to be 
 the exponent of the Whig Principles. 
 
 "Eesolved. That the Whig Party, through its representatives here 
 agrees to abide by the nomination of Gen. Zachary Taylor, on condition 
 that he will accept the nomination as the candidate of the Whig Party, 
 and adhere to its great fundamental principles — ^no extension of slave 
 territory — no acquisition of foreign territory by conquest — protection to 
 American industry, and opposition to executive usurpation." 
 
 "Eesolved. That Gen. Zachary Taylor, of Louisianna, and Millard 
 Fillmore, of New York, be, and they are hereby unanimously nominated 
 as the Whig candidates for President and Vice-President of the United 
 States. " 
 
 " Eesolved. That while all power is denied to Congress, under the 
 constitution to control, or in any way interfere with the institution of 
 slavery within the several states of this union, it nevertheless has the 
 power and it is the duty of Congpress to prohibit the introduction or 
 existence ef slavery in any territory now possessed, which may hereafter 
 be acquired, by the United States. " The convention failed to pass any 
 of the above resolutions and ran Gen. Taylor without a platform. 
 
 The Democratic platform 1848. 
 
 " 1st, Eesolved. That the American Democracy place their trust in 
 the intelligence, the patriotism, and the discriminating justice of the 
 American people." 
 
 " 2nd, Eesolved. That we regard this as a distinctive feature of our 
 political creed, which we are proud to maintain before the world, as the 
 great moral element in a form of government springing from and upheld 
 by the popular will ; and we contrast it with the creed and practice of 
 Federalism, under whatever name or form, which seeks to palsy the will 
 of the constituent, and which conceives no imposture too monstrous for 
 the popular credulity. " 
 
 " 3d, Eesolved. Therefore, that entertaining these views the demo- 
 cratic party of this union, through the delegates assembled in general 
 convention of the states, coming together in a spirit of concord, of de- 
 votion to the doctrinesand faith of a free representative government and 
 appealing to their fellow-citizens for the rectitude of their intentions, 
 renew and assert before the American people, the declaration of principle, 
 avowed by them, on a former occasion, when in general conventions 
 they presented their candidates for the popular suffrage. " 
 
 "Eesolved. That it is the duty of any branch of the Government, to 
 enforce and practice the most rigid economy in consulting our public 
 affairs, and that no more revenue ought to be raised than is required 
 to defray the necessary expenses of the Government, and for the 
 gradual but certain extinction of the debt created by the prosecution 
 of a just and necessary war, after peaceful relations shall have been 
 restored. And that the results of Democratic Legislation, in this and 
 all other financial measures upon which issues have been made 
 between the two political parties of the country, have demonstrated to 
 candid and practical men of all parties, their soundness, safety and 
 reliability in all business pursuits. 
 
CONSTITUTIONAL HISTOKT OF UNITED STATES, 200. 
 
 " Eesolved. That the proceeds of the Public Lands ought to be 
 sacredly applied to the national objects specified in the constitution ; 
 and that we are opposed to any law for the distribution of such pro- 
 ceeds among the States, as alike inexpedient in policy aud repugnant 
 to the Constitution." 
 
 " Resolved. That we are decidely opposed to taking from the Presi- 
 dent the qualified veto powers, by which he is enabled, under restric- 
 tions and responsibilities amply sufficient to guard the public interests, 
 to suspend the passage of a bill whose merits cannot secure the appro- 
 val of two-thirds of the Senate and House of Representatives until 
 the judgment of the people can be obtained thereon, and which- has 
 saved the American people from the corrupt and tyrannical domina- 
 tion of the Bank of the United States, and from a corrupting system 
 of general internal improvements," 
 
 " Resolved. That the war with Mexico, provoked on her part, by 
 years of insult and injury, was commenced by her army crossing the 
 Rio Grande, attacking the American troops and invading our sister state 
 of Texas, and that upon all the principles of patriotism and the laws of 
 Nations, it is a just and necessary war on our part in which every 
 American citizen should have shown himself on the side of his country, 
 and neither morally or physically, by word or by deed, have given 
 ' aid and comfort to the enemy." 
 
 Resolved. That we would be rejoiced at the assurance of a peace 
 with Mexico, founded on just principles of indemnity for the past and 
 security for the future ; but that while the ratification of the liberal 
 treaty oifered to Mexico remains in doubt, it is the duty of the country 
 to sustain the administration and to sustain the country in every meas- 
 ure necessary to provide for the vigorous prosecution of the war, 
 should that treaty be rejected." 
 
 " Resolved. That the ofS«ers and soldiers who have carried the 
 arms of their country into Mexico, have crowned it with imperishable 
 glory. Their unconquerable courage, their daring enterprise, their 
 unfaltering perseverance and fortitude when assailed on all sides by 
 innumerable foes, and that more formidable enemy — the disease of the 
 climate — exalts their devoted patriotism into the highest heroism, and 
 gives them a right to the profound gratitude of their country,and the 
 admiration of the world." 
 
 " Resolved. That the Democratic National Convention of 30 States 
 composing the American Republic, tender their fraternal congratula- 
 tions to the National Convention of the Republic of France, now assem- 
 bled as the free suffrage Representatives of the sovereignty of thirty- 
 five millions of Republicans, to establish government on those eternal 
 principles of equal rights for which their Lafayette and our Washing- 
 ton fought side by side in the struggle for our National Independence ; 
 and we would especially convey to them and to the whole people 
 of France, our earnest wishes for the consolidation of their liberties, 
 through the wisdom tliat shall guide their councils, on the basis of a 
 Democratic Constitution, not derived from the grants or concessions 
 of kings or dynasties, but originating from the only true source of polit- 
 ical power recognized in the State of this Union ; the inherent and in- 
 alienable rights of tlie people in' their sovereign capacity to make and to 
 
210 CIVIL GOVERNMENT OF THE STATES. 
 
 amend their form of Government, in such manner as the welfare of the 
 community may require." 
 
 "Eesolved. That the recent development of this grand political 
 truth, of the sovereignty of the people and their capacity and power 
 for self Government, which is prostrating thrones and erecting Repub- 
 lics on the ruins of despotism in the old world ; we feel that a high 
 and sacred duty is devolved, with increased responsibility, upon the 
 democratic party of this country, as the party of the people, to sustain 
 and advance among us. Constitutional Liberty, equality and fraternity, 
 by continuing to resist all monopolies and exclusive Legislation foi 
 the benefit of the few at the expense of the many, and by a vigilant 
 and constant adherence to those principles and compromises of the 
 Constitution, which are broad enough and strong enough to embrace 
 and uphold the Union as it was, the Union as it is, and the Union 
 as it shall be, in the full expansion of the energies and capacity of this 
 great and progressive people." 
 
 "Resolved. That a copy of these resolutions be forwarded through 
 the American minister at Paris, to the National Convention of the 
 Republic of France." 
 
 "Resolved. That the fruits of the great political triumph of 1844, 
 which elected James K. Polk and George M. Dallas, President and Vice- 
 President of the United States, have fulfilled the hopes of the Demo- 
 cracy of the Union in defeating the declared purposes of their opponents 
 in creating a National Bank, in preventing the corrupt and unconstitu- 
 tional distribution of the land proceeds from the common treasury of 
 the Union for local purposes, in protecting the currency and labor of 
 the country from the ruinous fluctuations, and guarding the money of 
 the country for the use of the people by the establishment of the 
 constitutional treasury; in the noble impulse given to the cause of 
 Free Trade by the repeal of the tariff of 42 and the creation of the 
 more equal, honest, and productive tariff of 1846, and that in our 
 opinion it would be a fatal error to weaken the bands of a political 
 organization by which these great reforms have been achieved and 
 risk them in the hands of their known adversaries, with whatever 
 delusive appeals they may solicit our surrender of that vigilance which 
 ig the only safe guard of liberty. " 
 
 " Resolved. That the confidence of the Democracy of the Union, in 
 the principles, capacity, firmness and integrity of James K. Polk, 
 manifested by his nomination and election in 1844, has been signally 
 justified by the strictness of his adherence to sound democratic doc- 
 trines, by the purity of purpose by the energy and ability which have 
 characterized his administration in all our affairs at home and abroad ; 
 that we tender to him our cordial congratulations upon the brilliant 
 success which hashitherto crowned his patriotic efforts and reassure him 
 in advance that at the expiration of his Presidential term he will carry 
 with him to his retirement, the esteem, respect, and admiration of a 
 grateful country." 
 
 "Resolved. That this convention hereby present to the people of 
 the United States, Lewis Cass, of Michigan, as the Candidate of the 
 Democratic party for the oflSce of President, and William 0. Butler, of 
 Kentucky, for Vice-President of the United States." 
 
CONSTITOTIONAI, HISTORY OF UNITED STATES. 211 
 
 The Free-Soil party 1848,— Buffalo platform. 
 
 Whereas, we have assembled in convention, as a Union of freemen, 
 for the sake of freedom, forgetting all past political differences in a 
 common resolve to maintain the rights of free labor against the 
 aggressions of the slave power, and to secure free soil to a free peo- 
 ple." 
 
 "And Whereas. The political conventions recently assembled at 
 Baltimore and Philadelphia, the one stifling the voicb of a great 
 Constituencj'^, entitled to be heard in its deliberations, and the otlier 
 abandoning its distinctive principles for more, availability, have dis- 
 solved the National party organizations heretpfore existing, by 
 nominating for the Chief Magistracy of the United States, under the 
 slaveholding dictation, candidates, neither of whom can be supported 
 by the opponents of slavery extension without a sacrifice of consistency, 
 duty, and self respect. 
 
 "And Whereas. These nominations so made, furnish the occasion, 
 and demonstrate the necessity of the Union of the people under the 
 banner of Free Democracy, in a solemn and formal declaration of their 
 independence of the slave power, and of their fixed determination to 
 rescue the Federal Government from its control ; 
 
 "Resolved. Therefore, tliat we, the people here assembled, remem- 
 bering the example of our fathers in the days of the first Declaration 
 of Independence, putting our trust in God for the triumph of our cause 
 and invoking his guidance iu our endeavors to advance it, do now 
 plant ourselves upon the National Platform of Freedom, in opposition 
 to the sectional platform of slavery." 
 
 "Resolved. That slavery in the several States of this Union which 
 recognize its existence, depends iipon the state laws alone which 
 cannot be repealed or modified by the Federal Government, and for 
 which laws, that Government is not responsible. We therefore propose 
 no interference by Congress with slavery within the limits of any 
 State." 
 
 " Resolved. That the proviso of Jefferson ; to prohibit the existence 
 of slavery after 1800, in all the Territories of the United States, 
 southern and northern ; the votes of six states and sixteen delegates, 
 in the Congress of 1784, for the proviso, to three States and seven 
 delegates against it ; the actual exclusion of slavery from the north- 
 Western Territory, by the ordinance of 1787, unanimously adopted by 
 the States in Congress ; and the entire history of that period, clearly 
 shows that it was the settled policy of the nation not to extend, nation- 
 alize or encourage, but to limit, localize, and discourage slavery ; and to 
 this policy, which should never have been departed from, the Govern- 
 ment ought to return." 
 
 "Resolved. That our fathers ordained the Constitution of the 
 United States, in order, among other great National objects, to establish- 
 justice, promote the general welfare, and secure the blessings of liberty ; 
 but expressly denied to the Federal Government, which they created, 
 all Constitutional power to deprive any person of life, liberty, or 
 property, without due legal process." 
 
 " Resolved. That in the judgment of this convention. Congress has 
 no more power to make a slave, than to make a king ; no more power 
 to institute' or establish slavery, than to institute or establish a 
 
212 CIVIL GOVERNMENT OF THE STATES. 
 
 monarchy ; no such power can bo found among those specifi(ftilly confer- 
 red by the Constitution or derived by just implications from them. 
 
 "Resolved. That it is the duty of the Federal Government to 
 relieve itself from all responsibility for the existence or continuance of 
 slavery wherever the Government possesses Constitutional authority 
 to legislate on that subject, and it is thus responsible for its existence." 
 
 "Eesolved. That the true, and in the judgment of this convention, 
 the only safe means of preventing the extension of slavery into Terri- 
 tory now Free, is to prohibit its extension in all such Territory by an 
 act of Congress. 
 
 "Resolved. That we accept the issue which the slave power has 
 forced upon us ; and to their demand for more slave States, and more 
 slave Territory, our calm but final answer is, no more slave States, 
 and no more slave Territory. Let the soil of our extensive domains 
 be kept free for the hardy Pioneers of our own land, and the oppressed 
 and banished of other lands, seeking homes of comfort and fields of 
 enterprise in the new world." 
 
 "Resolved. That the bill lately reported by the Committee of eight 
 in the Senate of the United States, was no compromise, but an absolute 
 surrender of Iho rights of the Non-Slaveholders of all tlie States; 
 and while we rejoice to know that a measure which, while opening the 
 door for the introduction of slavery into the Territories now free, 
 would also have opened the door to litigation and 'strife among the 
 future inhabitants thereof, to the ruin of their peace and prosperity, 
 was defeated in the House of Representatives, its passage, in hot haste, 
 by a Majority embracing several Senators who voted in open violation 
 of the known will of their constituents, should warn the people to see 
 to it, that their Representatives be not suffered to betray them. There 
 must be no more Compromises with slavery ; if made they must be 
 repealed." 
 
 "Resolved. That we demand freedom and established Institutions 
 for our brethern in Oregon, now exposed to hardships, peril and 
 massacre by the reckless hostility of the slave power to the establish- 
 ment of Free Government for Free Territories ; and not only for them, 
 but for our new brethern in California and New-Mexico." 
 
 "Resolved. It is due not only to this occasion, but to the whole 
 people of the United States, that we should also declare ourselves on 
 certain other questions of National Policy: therefore." 
 
 " Resolved. That we demand cheap postage for the people ; a 
 retrenchment of the expenses and patronage of the Federal Govern- 
 ment ; abolition of all unnecessary offices and sa,laries ; and the election 
 by the people of all civil officers in the service of the Government, so 
 far as the same may be practicable." 
 
 "Resolved. That River and Harbor improvements, when demanded 
 by the safety and convenience of commerce, with foreign nations, or 
 among the several States are objects of National Concern, and that it 
 is the duty of Congi'ess, in the exercise of its Constitutional powers, 
 to provide therefor." 
 
 "Resolved. That the free grant to actual settlers, in consideration 
 of tlie expenses they incur in making settlements in the Trilderness, 
 which are usually fully equal to their actual cost, and of the public 
 benefits resultingtherefrom, of reasonable portions of the public lands 
 under suitable limitations, is a wise and just measure of public policy, 
 ^hich will, promote in various ways the interests of all the States of 
 
CONSTITUTIONAL HISTOKT OF UNITED STATES. 213 
 
 this Union, and we therefore recommend it to the favorable considera- 
 tion of the American people." 
 
 "Resolved. That the obligations of honor and patriotism require 
 the earliest practicable payment of the national debt, and we are 
 therefore in favor of such tariff or duties as will raise revenue adequate 
 to defray the necessary expenses of the Federal Government, and to 
 pay annual installments of our debt, and the interests thereon." 
 
 " Resolved. That we inscribe on our banner " Free Soil, Free 
 Speech, Free Labor, and Free Men, " and under it we will fight on and 
 fight ever, until a triumphant victory, shall reward our exertions. 
 
 The Whig National convention 1852, — "Whig platform. 
 
 "The Whigs of the United States, in convention assembled, adhering 
 to the great conservative principles by which they are controlled and 
 governed, and now as ever relying upon the intelligence of the Amer- 
 ican people, with an abiding confidence-in their cai)aoity for self-gov- 
 ernment, and their devotion to the constitution and the Union, do pro- 
 claim the following as the political sentiments and determination for 
 the establishment and maintenance of which their National organization 
 as a party was effected. " 
 
 " First. The government of the United States is of a limited 
 character, and it is confined to the exercises of powers expressly 
 granted by the constitution, and such as may be necessary and proper 
 for carrying the granted powers into full execution, and that powers 
 not granted or necessarily implied are reserved to the States respect- 
 ively and to the people." 
 
 " Second. That the State governments should be held secure to their 
 reserved rights, and the General Government sustained on its constitu- 
 tional powers and that the Union should be revered and watched over 
 as the palladium of our liberties. 
 
 '■ Third. That while struggling Freedom every where enlists the 
 warmest sympathy of the Whig party, we still adhere to the doctrines 
 of the Father of bis Country as announced in his Farewell Address, of 
 keeping ourselves free from aJ entangling alliances with foreign 
 countries and of never quitting our own to stand upon foreign groxind; 
 that our mission as a republic is not to propagate our opinions, or impose 
 on other countries our form of government, by artifice or force ; but to 
 teach by example, and sliow, by our success, moderation, and jus- 
 tice, the blessings of Self-government, and the advantage of Free In- 
 stitutions. " 
 
 " Fourth. That as the people make and control the government, 
 they should obey its constitution, laws, and treaties as they would re- 
 tain their self-respect, and the respect which they claim and will en- 
 force from foreign powers." 
 
 " Fifth. Government should be conducted on principles of the 
 strictest economy ; and revenue sufficient for the expense thereof, in 
 time, ought to be derived mainly from a duty on imports, and not from 
 direct taxes; and on laying such duties sound policy requires a just 
 discrimination, and, when practicable, by specific duties, whereby 
 suitable encouragement may be afforded to American industry, equally 
 to all classes and to all portions of the country ; and economical ad- 
 
214 CIVIL GOVERNMENT OF THE STATES. 
 
 ministration of the government, in time of peace, ought to be derived 
 from duties on imports, and not from direct taxation ; and in laying 
 Bucli duties, sound policy requires ajust discrimination, wlierebv suita- 
 ble encouragement may be afforded to American industry, eaually to 
 all classes and to all parts of the country. 
 
 " Sisth. The constitution vests in Congress the power to open and 
 repair harbors, and remove obstructions from navigable rivers, when- 
 ever such improvements are necessary for the common defence, and for 
 the protection and facility of Commerce with foreign Nations, or among 
 the States — said improvements being in every instance National and 
 General in their character. 
 
 " Seventh. The Federal and State Governments are parts of one sys- 
 tem, alike necessary for the common prosperity, peace and security, and 
 ought to be regarded alike with a cordial, habitual and immovable at- 
 tachment. Respect for tlie authority of each, and acquiescence in the 
 just constitutional measures of each, are duties required, by the 
 plainest considerations of national, state, and individual welfare. 
 
 " Eighth. That the series of acts of the 32d Congress, the act 
 known as the Fugitive Slave law included are received and acquiesced 
 in by the "Whig party of the United States as a settlement in principles 
 and substance of the dangerous and exciting questions which they 
 embrace ; and, so far as they are concerned, we will maintain them, 
 and insist upon their strict enforcement, until time and experience shall 
 demonstrate the necessity of fnrtber Legislation to guard against the 
 evasion of the laws on tlie one hand and the abuse of their powers on 
 the other — not impairing their present efficiency ; and we deprecate all 
 further agitation of the question thii ^ ■ sttled as dangerous to our peace, 
 and will discountenance efforts, to continue or renew such agitation, 
 whenever, wherever, or however the attempt may be made; and we 
 will maintain this system as essential to the nationality of the Whig 
 party, and the integrity of the Union. 
 
 The Democratic platform — 1852. 
 
 " Resolved. That it is the duty of every branch of the government 
 to enforce and practice the most rigid economy in conducting our pub- 
 lic affairs, and that no more revenue ought to be raised than is required 
 to defray the necessary expenses of the Government, and for the 
 gi'adual but certain extinction of the public debt. " 
 
 "Resolved. That Congress has no power to charter a National 
 Bank ; that we believe such an Institution one of deadly hostility to 
 the best interests of 'the country ; dangerous to our republican Insti- 
 tutions and tlie liberties of the people, and calculated to place the busi- 
 ness of the country within the control of a concentrated money power, 
 and that above the laws and will of the people ; and that the results of 
 Democratic legislation, in this and all other financial measures, upon 
 which issues have been made betwegn the two political parties of the 
 country have demonstrated to candid and practical men of all parties, 
 their soundness, safety, and utility in all business pursuits." 
 
 " Resolved. That the separation of the moneys of the Government 
 from Banking Institutions, is indispensable for the safety of the fundS 
 of the Government, and the rights of the people." 
 
CONSTITUTIONAL HISTORY OF UNITED STATES 215 
 
 " Eesolved. That the liberal principles emhodied by Jefferson in 
 the Declaration of Independence, and sanctioned in the constitution, 
 ■which makes ours the land of liberty, and the asylum of the oppressed of 
 every nation have ever been cardinal principles in the Democratic faith 
 and every attempt to abridge their privilege of becoming citizens and 
 the owners of tlie soil among us, ought to be resisted with the same 
 spirit which swept the Alien and Sedition laws from our statute book. 
 
 " Resolved. That Congress has no power under the constitution to 
 interfere with, or control the domestic institutions of the several states, 
 and that such states are the sole and proper judges of everything ap- 
 pertaining to their own affairs, and not prohibited by the constitution; 
 that all the efforts of the Abolitionists or others, made to induce Con- 
 gress to interfere with questions of slavery or take incipient steps in re- 
 lation thereto, are calculated to lead to the most alarming and danger- 
 ous consequences ; and that all such efforts ha'^e an inevitable tendency 
 to diminish the happiness of the people, and endanger the stability and 
 permanency of the Union, and ought not to be countenanced by any 
 friend of our political institutions." 
 
 "Eesolved. That the foregoing proposition covers , and is intended to 
 embiacethe whole subject of the Slavery agitation in Congress; and 
 therefore, the Democratic party of the Union standing on its national 
 platform, will abide by, and adhere to, a faithful execution of the acts 
 known as the Compromise Measures settled by the last Congress — the 
 act for the reclaiming fugitives from service or labor included ; which 
 act being designed to cari;y out an expressed provision of tlie constitu- 
 tion cannot with fidelity thereto be repealed, nor so changed as to 
 destroy or impair its efficiency. " 
 
 "Resolved. That the Democratic party will resist all attempts at 
 renewing in Congress, or out of- it, the agitation of the Slavery question, 
 under whatever shape or color the attempt may be made." 
 
 "Resolved. That the Democratic party will faitlifuUy abide by and 
 aphold the principles laid down in the Kentucky and Virginia resolutions 
 rf 1792 and 1798, and in the report of Mr. Madison to the Virginia Leg- 
 islature in 1799; that it adopts those principles as constituting one of 
 ihe main foundations of its political creed and is resolved to carry them 
 )ut in their obvious meaning and import. " 
 
 "Eesolved. That the war with Mexico -^ » * * and earnestly 
 lesire for her all the blessings and jjrosperity which we enjoy under 
 Republican Institutions, and we congratulate the American people on 
 ;he results of that war which have so manifestly justified the policy 
 md conduct of the Democratic party, and insured to the United States 
 ndemnity for the past, and security for the future. " 
 
 " Resolved. That in view of tlie condition of popular institutions in 
 he old world, a high and sacred duty is devolved with increased res- 
 wnsibility upon the Democracy of this country, as the party of the 
 leople, to uphold and maintain the rights of every state, and thereby 
 he union of the states, and sustain and advance among them constitu- 
 ional liberty, by continuing to resist all monopolies and exclusive legis- 
 ation for the benefit of the few at the exijense of the many, and by a 
 igilant and constant adherence to those principles and compromises 
 if the constitution, which are broad enough and sirong enough to em- 
 irace and uphold the Union as it is, and the'Union as it should be ,in the 
 all expansion of the energies and capacity of this great and progress- 
 
216 CIVIL GOVERNMENT OP THE STATES, 
 
 The Free Soil platform, 1852. 
 
 "Having assembled in National Convention as the Democracy at the 
 United States, united by a common resolve to maintain right against 
 wrong, and Freedom against Slavery; confiding in the intelligence, pa- 
 triotism, and discriminating justice of the American people, putting 
 our trust in God for the triumph of our cause, and invoking his guidance 
 in our endeavors to advance it, we now submit to the candid judgment 
 of all men the following declaration of principles and measures: 
 
 " Tst. That governments deriving their just powers from the consent 
 of the governed, are instituted among men to secure to all those 
 inalienable rights of life, liberty, and the pursuit of happiness with 
 which they are endowed by their creator, and of which none can be 
 deprived by valid legislation, except for crimci " 
 
 "2. That the true mission of American Democracy is to maintain 
 the Liberties of the people, tlue Sovereignty of the States and the perpe- 
 tuity of the Union, by the impartial application to public affairs, with- 
 out Sectional discriminations of the fundamental principles of human 
 rights, strict justice and an ecomonical administration." 
 
 "3. That the Federal Government is one of limited powers, derived 
 solely from the constitution, and the grants of power therein ought to 
 be strictly construed by all the departments and agents of the govern- 
 ment, and it is inexpedient and dangerous to exercise doubtful constitu- 
 ional powers." 
 
 "4. That the constitution of the United States, ordained to form a 
 more perfect Union, to establish justice and secure the blessings of Lib- 
 erty, expressly denies to the General Government all power to deprive 
 any person of life, liberty or property without due process of law ; 
 and therefore, the Government having no more power to establish- 
 slavery than to establish a monarchy should at once proceed to relieve 
 itself from all responsibility for the existence of slavery, wherever it pos- 
 sesses constitutional power to legislate for its extinction." 
 
 "5. That, to the persevering, and importunate demands of the slave 
 power for more Slave States, new Slave Territories and the naturaliza- 
 tion of Slavery, our distinct and final answer is — no more Slave States, 
 no Slave Territory, no nationalized Slavery, and no national Legisla- 
 tion for the extradition of Slaves." 
 
 "6. That Slavery is a sin against God, and a crime against man, 
 which no human enactment nor usage can make right, "and that Chris- 
 tianity, Humanity, and Patriotism alike demand its abolition." 
 
 " 7. That the Fugitive Sla,ve Act of 1850 is repugnant to the con- 
 stitution, to the principles of the common law, to the spirit of Chris- 
 tianity and to the sentiments of the civilized world. We therefore 
 deny, its binding force upon the American people, and demand its 
 immediate and total repeal. " 
 
 "8. That the doctrine that any human law is a finality, and not 
 subject to modification or repeal, is not in accordance with the creed of 
 the founders of our Government, and is dangerous to the liberties of 
 the people." 
 
 "9. That the Acts of congress, known as the compromise measures 
 of 1850, by making the admission of a sovereign State contingent upon 
 the adoption of other measures demanded by the special interest of 
 Slavery ; by their omission to guarantee freedom in the free Territories ; 
 lay their attempt to impose Unconstitutional limitations on the power 
 
CONSTITUTtONAl HISTOKT OF UNITED STATES. 217 
 
 >f Congress and the people — -to admit new States ; by their provisions 
 'or the assumption of Five Millions of the State debt of Texas, and for 
 he payment of Five Millions more, and the concession of a large Ter- 
 itory to the same State under menace, as an inducement to the relin- 
 luishment of a groundless claim, and by their invasion of the Sovereign- 
 y of the States and the liberties of the people through the enactment of 
 m unjust, oppressive, and unconstitutional Fugitive Slave Law, are 
 )roved to be inconsistent with all the principles and maxims of Dem- 
 )cracy, and wholly inadequate to the 8ettlemen,t of the questions of 
 ;yhich they are claimed to be an adjustment." 
 
 "10. That no permanent settlement of the Slavery question can be 
 ooked for except in the practical recognition of the truth that Slavery 
 s sectional and Freedom national ; by the total separation of the Gen- 
 sral Government from Slavery, and the exercise of its legitimate — and 
 ionstitutional influences on the side of Freedom ; and by leaving to 
 he States the whole subject of Slavery and the extradition of fugitives 
 rom service." 
 
 "11. That all men have a natural right to a portion of the soil ; and 
 hat as the use of the soil is indispensable to life, the right of all men 
 o the soil is as sacred as their right to life itself." 
 
 "12. That the Public Lands of the United States belong to the 
 'eople, and should not be sold to individuals nor granted to corpora- 
 ions, but should be granted in limited quantities, free of costs, to 
 andless settlers." 
 
 "13. That a due regard for the Federal constitutions, a sound ad- 
 uinistrative policy, demand that the funds of the General Govern- 
 nent be kept separate from Banking institutions ; that inland and 
 icean postage should be reduced to the lowest possible point; that no 
 Qore revenue should be raised than is required to defray the necessary 
 xpenses of the public service, and to pay off the public Debt; and that 
 lie power and patronage of the Government should be diminished, by 
 lie abolition of all the unnecessary offices, salaries, and privileges, and 
 y the election, by the people, of all civil offlcers in the service of the 
 Tnited States, so far as may be consistent with the prom^jt and effi- 
 ient transaction of the public business." 
 
 "14. That Eiver and Harbor improvements, when necessary to the 
 afety and convenience of commerce with foreign nations, or among 
 he several States, are objects of national concern ; and it is the duty 
 f congress, in the exercise of its constitutional powers, to nro'^de fo" 
 lie same." 
 
 "15. That emigrants and exiles from the old world shoul d find 
 
 cordial welcome to homes of comfort and fields of enterprise in the 
 ew; and every attempt to abridge their privilege of becoming cit- 
 :en8 and owners of the soil among us, ought to be resisted with in- 
 exible determination." 
 
 "16. That every nation has a clear right to alter or change its own 
 overnment and to administer its own concerns in such manner as may 
 est secure the rights and promote the happiness of the people ; and 
 >reign Interference with that right is a dangerous violation of the law 
 f nations, against which all independent governments should protest, 
 ad endeavor by all proper means to prevent ; and especialy is it the 
 uty of the American government, representing the Chief Republic of 
 le world, to protest aga.inst, and by all proper means to prevent the 
 
218 CIVIL GOVEENMENT OF THE STATES. 
 
 lish for themselves Republican or constitutional G-overnment." 
 
 "17. That the Independence of Hayti ought to b3 recognized by 
 our G-overnment, and our commercial relations with it placed on the 
 footing of the most favored nations." 
 
 "18. That as by the Constitution "the citizens of each State shall be 
 entitled to all the priveleges and immunities of citizens in the several 
 States," the practice of imprisoning colored seamen of other States, 
 while the vessels to which they belong lie in port, and refusing the 
 exercise of the right to bring such cases before the Supreme Court of 
 the United States, to test the legality of such proceedings, is a flagrant 
 violation of the Constitution, and an invasion of the rights of citizens 
 of other States, utterly inconsistent with the professions made by the 
 slaveholders, that they wish the provisions of the Constitution, faith- 
 fully observed by every State in the Union. 
 
 " 19. That we recommend the introduction into all treaties hereafter 
 to be negotiated between the United States and Foreign Nations, of 
 some provision for the amicable settlement of difficulties by a resort to 
 decisive arbitrations. 
 
 "20. That the Free Democratic Party is not organized to aid either 
 the Whig or Democratic "Wing of the great Slave Compromise Party 
 of the Nation, but to defeat them both ; and that repudiating and renounc- 
 ing both, as hopelessly corrupt and utterly unworthy of confidence, the 
 purpose of the Free Democracy is to talte possession of the Federal 
 Government, and administer it for the better protection of the rights 
 and interests of the whole people. 
 
 "21. That we inscribe on our banner. Free Soil, Free Speech Free- 
 Labor and Free Men, and under it we will flght on and fight ever until 
 a triumphant victory shall reward our exertions. 
 
 "22. That upon this Platform the Convention presents to the Amer- 
 ican people as a candidate for the office of President of the United 
 States, John P. Hale of New Hampshire, and as a candidate for the 
 oflice of Vice-President of the United States, George W. Julian, of 
 Indiana, and earnestly commend them to the support of all Freemen 
 and all parties." 
 
 The E^publican Platform— 1856. 
 
 "This Convention of Delegates, assembled in pursuance of a call 
 addressed to the people of the United States, without regard to past 
 political differences or divisions, who are opposed to the repeal of the 
 Missouri Compromise, to the policy of the present Administration, to 
 the extension of Slavery into Free Territory ; in favor of admitting 
 Kansas as a Free State, of restoring the action of the Federal Govern- 
 ment to the principles of Washington and Jefferson, and who purpose 
 to unite in presenting candidates for the of&ces of President and Vice- 
 President do resolve as follows ; 
 
 "Resolved. That the maintenance of the principles promulgated 
 in the Declaration of Independence and embodied in the Federal Con- 
 stitution, is essential to the preservation of our Republican institutions, 
 and that the Federal Constitution, the right of the States, and the 
 Union of the States, shall be preserved." 
 
 " Resolved. That with our Republican fathers we hold it to be a self- 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 219 
 
 evident trutli, tliat all men-are endowed with the inalienable right to life, 
 liberty, and the pursuit of happiness, and that the ]3rimary object and 
 ulterior designs of onr Federal G-overnment were, to secure these rights 
 to all persons within its exclusive jurisdiction; that as our Republican 
 fathers, when thsy had abolished Slavery in all our National Territory 
 ordained that no person should be deprived of life, liberty, or property, 
 without due process of law, it baooiues our duty to maintain this pro- 
 vision of the Constitution against all attempts to violate it for the pur- 
 pose of establishing Slavery in any territory of the United States by 
 positive legislation prohibiting its existence or extension therein. That 
 we deny the authority of Congress, or a territorial legislature, of any 
 individual, or association of individuals, to give legal existence to Slav^ 
 ery in any territory of the United States, while the present Constitu- 
 tion shall be maintained." 
 
 "Resolved. That the Constitution confers upon Congress, sovereign 
 power over the territories of the United States for their government, 
 and that in the exercise of. this power it is both the right and the duty 
 of Congress to prohibit in the territories those twin relics of barbarism 
 — Polygamy and Slavery. 
 
 " Resolved. That while the Constitution of the United States was 
 ordained and established by the people in order to form a more perfect 
 Union, establish justice, insure domestic tranquility, provide for the 
 common defense, and secure the blessings of liberty, and contains ample 
 provisions for the protection of the life, liberty and property of every 
 citizen, the dearest constitutional rights of the people of Kansas have 
 been fraudulently and violently taken from them — their territory has 
 been invaded by an armed force — spurious and pretended legislative, 
 judicial and executive officers have been set over them, by whose usur- 
 ped authority, sustained by the military power of the government, 
 tyrannical and unconstitutional laws have been enacted and enforced 
 — the rights of the people to keep and bear arms have been infringed 
 — test oaths of an extraordinary and entangling nature have been impos- 
 ed, as a condition of exercising the right of suffrage and holding office — 
 the riglit of an accused person to a speedy and public trial by as 
 impartial jury has been denied — -the right of the people to be secure in 
 their persons, houses, papers and effects against unreasonable searches 
 and seizures has been violated — they have been deprived of life, liberty 
 and property without due process of law — that the freedom of speech and 
 of the press has been abridged— the right to choose their representa- 
 tives been made of no effect— murders, robberies and arsons have been 
 instigated and encouraged, and the offenders have been allowed to go 
 unpunished— that all these things have been done with the knowledge, 
 sanction and procurement of the present Administration, and that for 
 this high crime against the Oonstitution, the Union, and Humanity, we 
 arraign the Administration, the President, his advisers, agents, sup- 
 porters, apologies and accessories either before or after the facts, before 
 the country, and before the world, and that it is our fixed purpose to 
 bring the actual perpetrators of these atrocious outrages, and their 
 accomplices, to a sure and condign punishment hereafter. 
 
 "Resolved. That Kansas should be immediately admitted as a 
 State of the Union, with her present Free Constitution, as at once tb: 
 most effectual way of securing to her citizens the enjoyment of the 
 
220 CIVIL GOVEENMENT OF THE STATES. 
 
 rights and privileges to which they are entitled ; and of ending the 
 civil strife now raging in her territory. 
 
 "Eesolved. That the highwayman's plea that "might makes right" 
 embodied in the Ostend circular, was in every respect unworthy of 
 American diplomacy, and would bring shame and dishonor upon any 
 government or people that gave it their sanction. 
 
 "Eesolved. That a railroad to the Pacific Ocean, by the most cen- 
 tral and practicable route, is imperatively demanded by the interest 
 of the whole Country, and that the Federal Government ought to ren- 
 der immediate and efficient aid in its construction and, as an auxiliary 
 thereto the immediate construction of an emigrant route on the line of 
 the railroad. 
 
 " Resolved. That appropriations by Congress for the improvement 
 of rivers and harbors, of a national character, required for the accom- \ 
 modation and security of our existing commerce, are authorized by the 
 Constitution, and justified by the obligation of government to protect 
 the lives and property of its citizens." 
 
 The American Platform— 1856. 
 
 " 1. An humble acknowledgment to the Supreme Being, for his pro- 
 tecting care vouchsafed to our fathers in their successful Revolutionary 
 struggle, and hitherto manifested to us, their descendents, in the pre- 
 servation of the liberties, the independence, and the Union of these 
 States. 
 
 " 2. The perpetuation of the Federal Union and Constitution, as the 
 palladium of our civil and religious liberties, and the only sure bul- 
 warks of American Independence. 
 
 " 3. Americans must rule America ; and to this end native -horn citizens 
 should be selected for all State, Federal, and Municipal offices of gov- 
 ernment employment, in preference to all others. Nevertheless, 
 
 " 4. Persons born of American parents residing temporarily abroad, 
 should be entitled to all the rights of native-born citizens. 
 
 " 5. No person should be selected for political station (whether of 
 native or foreign birth), who recognizes any allegiance or obligation of 
 any description to any foreign prince, potentate or power, or who re- 
 fuses to recognize the Federal and State Constitutions (each within its 
 sphere) as paramount to all other laws as rules of political action. 
 
 " 6. The unqualified recognition and maintenance of the reserved 
 rights of the several' States, and the cultivation of harmony and frater- 
 nal good will, between the citizens of the several States, and to this end 
 non-interference by Congress with questions appertaining solely to 
 the individual States, and non-intervention by each State with the 
 affairs of any other State. 
 
 "7. The recognition of the right of native-born and naturalized 
 citizens of the United States, permanently residing in any tesritory 
 thereof, to frame their Constitution and laws, and to regulate their 
 domestic and social affairs in their own mode, subject only to the pro- 
 visions of the Federal Constitution, with the privilege of admission in- 
 to the Union, whenever they have the requisite population for one 
 representative in Congress ; Provided, alwatjs, that none but those who 
 are citizens of the United States, under the Constitution and laws there- 
 of, and who have a fixed residence in any such Territory, ought to 
 
CONSTITUTIONAL HISTOET OF UNITED STATES. 221 
 
 participate in th.e formation of the Constitution, or in the enactment of 
 laws for the said Territory or State. 
 
 "8. An enforcement of the principles that no State or Territory ought 
 to admit others than citizens to the right of suffrage, or of holding 
 political offices of the United States. 
 
 "9. A change in the laws of naturalization, making a continued 
 residence of twenty-one years, of all not heretofore provided for, are 
 indespensahle requisites for citizenship hereafter, and excluding all 
 paupers, and persons convicted of crime, from landing upon oui shores 
 bu'o no interference with the vested rights of foreigners. 
 
 "10. Opposition to any Union between Church and State; no inter- 
 ference with religious faith or worship, and no test oaths for office. 
 
 "11. Free and thorough investigation into any and all alleged abuses 
 of public functionaries, and a strict economy in public expenditures. 
 
 "12. The maintenance and enforcement of all laws constitutionally 
 enacted until said laws shall be repealed, or shall be declared null and 
 void by competent^ udicial authority. 
 
 " 13. Opposition to the reckless and unwise policy of the present 
 Administration in the general managementiof our national affairs, and 
 more especially as shown in removing "Americans," (by designation) 
 and conservatives in principle, from office, and placing foreigners and 
 ultraists in their places, as shown in a truckling subserviency to the 
 stronger, and an insolent and cowardly bravado toward the weaker 
 powers ; as shown in reopening sectional agitation, by the repeal of the 
 Missouri Compromise ; as shown in granting to unnaturalized foreigners 
 the right of sufltrage in Kansas and Nebraska ; as shown in its vacilla- 
 ting course on the Kansas and Nebraska question ; as shown in the 
 eorruption which pervades in some of the departments of the Govern- 
 ment ; as shown in disgracing meritorious naval officers through 
 prejudice or caprice ; and as shown in the blundering mismanagment 
 of our foreign relations. 
 
 "14. Therefore, to render existing evils, and prevent the disastrous 
 consequences otherwise resulting therefrom, we would build up the 
 "American Party" upon the principles therein before stated. 
 
 " 15. That each State Council shall have authority to amend their 
 respective Constitutions, so as to abolish the several degrees, and substi- 
 tute a pledge of honor, instead of other obligations for fellowship and 
 admission into the party. 
 
 "16. A free and open discussion of all political principles embraced 
 in our platform. 
 
 The Democratic National Platform— 1856. 
 
 "Resolved. That the American Democracy place their trust in the 
 intelligence, the patriotism, and the discriminating justice of the Amer- 
 ican people. 
 
 "Resolved. That we regara this as a destinctive feature of our 
 political creed, which we are proud to maintain before the world as a 
 great moral element in a form of government springing from and upheld 
 by the popular will, and we contrast it with the creed and practice of 
 Federalism, under whatever name or form, which seeks to palsy the 
 will of the constituent, and which conceives no impostui-e too mon- 
 strous for the popular credulity. 
 
222 CIVIL GOVERNMENT OF THE STATES. 
 
 "Resolved. Therefore, that entertaining these views, the Democratic 
 party of this Union, through their delegates assembled in general 
 convention, coming together in a spirit of concord, of devotion to the 
 doctriaes and faith of a free representative government, and appealing 
 to their fellow-citizens for the rectitude of their intentions, renew and 
 re-assert before the American people, the declarations of principles 
 avowed by them, when, on former occasions, in general conventions 
 they have presented their candidates for the popular suffrage. 
 
 1. That the Federal Government is one of limited power derived 
 solely from the Constitution, and the grants of power made therein 
 ought to be strictly construed by all the departments and agents of the 
 government, and that it is inexpedient and dangerous to exercise 
 doubtful constitutional powers. ' 
 
 2. That the Constitution does not confer upon the general govern- 
 ment the power to commence and carry on a general system of 
 internal improvements. 
 
 3. That the Constitution does not confer authority upon the 
 Federal Grovernment, directly or indirectly, to assume the debts of the 
 several States, contracted for local and internal improvements, or other 
 State purposes, nor would such assumption be just or expedient. 
 
 4. That justice and sound policy forbid the Federal Government to 
 foster one branch of Industry to the detriment of another, or to cherish 
 the interests of one portion of our common country ; that every citizen 
 and every section of the country has a right to demand and insist upon 
 an equality of rights and priveleges, and a complete and ample protec- 
 tion of persons and property from domestic violence and foreign 
 aggression. 
 
 5. That it is the duty of every branch of the government to enforce 
 and practice the most rigid economy in conducting our public affairs, 
 and that no more revenue ought to be raised than is required to defray 
 the necessaiy expenses of the Government, and gradual but certain 
 extinction of the public debt. 
 
 6. That the proceeds of the public lands ought to be sacredly applied 
 to the National objects specified in the Constitution, and that we are 
 opposed to any law for the distribution of such proceeds among the 
 States, as alike inexpedient in policy, and repugnant to the Constitu^ 
 tion. 
 
 7. That Congress has no power to charter a National Bank, that we 
 believe such an institution of deadly hostility to the best interest of 
 this country, dangerous to our Republican institutions and the liberties 
 of the people, and calchlated to place the business of the country with 
 in the control of a concentrated money power and above the laws 
 and will of the people, and the results of the Democratic legislation in 
 this and all financial measures upon which issues have been made 
 between the two political parties of the country, have demonstrated to 
 candid and practical men of all parties, their soundness, safety and 
 utility in all business pursuits. 
 
 8. That the separation of the money of the Government from bank- 
 ing institutions is indispensable to the safety of the funds of the 
 Government and the rights of the people. 
 
 9. That we are decidedly opposed to taking from the President the 
 qualified veto power by which he is enabled, under restrictions and 
 responsibilities amply sufiicient to guard the public interests, to sus- 
 pend the passage of a bill whose merits cannot secure the approval of 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 223 
 
 two-thirds of the Senate and House of Representatives, until the 
 judgment of the people can be obtained thereon, and which has saved 
 the American people from the corrupt and tyrannical dominioa of the 
 Bank of the United States, and from the corrupting system of general 
 internal improvements. 
 
 10. That the liberal principles embodied by Jefferson in the Declar- 
 ation of Independence, and sanctioned in the Constitution, which makes 
 ours the land of Liberty and the asylum of the oppressed of every na- 
 tion, have ever been cardinal principles in the Democratic faith ; and 
 every attempt to abridge the privilege of becoming citizens and the 
 owners of soil among us ought to be resisted with the same spirit which 
 swept the alien and sedition laws from our "Statute books." And %ohere- 
 as, since the foregoing declaration was uniformly adopted by our prede- 
 cessors in National Convention, an adverse political and religious test 
 has been secretly organized by a party claiming to be exclusively Amer- 
 ican, and it is proper that the American Democracy should clearly define 
 its relations thereto ; and declare its determined opposition to all secret 
 political societies, by whatever name they may be called. 
 
 "Resolved. That the foundation of this Union of States having been 
 laid in, and its prosperity, expansion, and pre-eminent example of a 
 free government, buUt upon entire freedom in matters of religious 
 concernment, and no respect of persons in regard to rank, or place of 
 birth, no party can justly be deemed national, constitutional or in 
 accordance with American principles, which bases its exclusive organ- 
 ization upon religious opinions and accidental birth-place. And hence 
 a political crusade in the nineteenth century, and in the United States 
 of America, against Catholics and foreign-born is neither justified by 
 the past history nor future prospects of the country, nor in unison 
 with the spirit of toleration, and enlightened freedom which peculiarly 
 distinguished the American system of popular government. 
 
 "Resolved. That we reiterate with renewed energy of purpose the 
 well considered declarations of former conventions upon the sectional 
 issues of domestic Slavery, and concerning the reserved rights of the 
 States." 
 
 1. That congress has no power under the constitution to interfere 
 with or control the domestic institutions of the several States, and 
 that all such States are the sole and proper judges of everything ap- 
 pertaining to their own affairs not prohibited by the constitution ; that 
 all efforts of the Abolitionists or others made to induce congress to in- 
 terfere with the questions of Slavery, or to take inefflcient steps in 
 relation thereto, are calculated to lead to the most alarming and dan- 
 gerous consequences, and that all such efforts have an inevitable ten- 
 dency to diminish the happiness of the people and endanger the 
 stability and permancy of the Union, and ought not to be countenanced 
 by any friend of our political institutions. 
 
 2. That the foregoing proposition covers and was intended to em- 
 brace the whole subject of Slavery agitation in congress, and therefore 
 the Democratic party of the Union, standing on its national platform, 
 will abide by and adhere to a faithful execution of the acts known as 
 the Compromise measures settled by the congress of 1850 : "the act for 
 reclaiming fugitives Irom service or labor included ; which act, being 
 designed to carry out an express provision of the constitution, cannot, 
 with fidelity thereto be repealed, or so changed as to destroy or impare 
 its efl&ciency." 
 
224 CrVIL GOVEENMENT OF THE STATES. 
 
 3. That the Democratic Party will resist all attempts at renew- 
 ing in congress or out of it, the agitation of the Slavery question, 
 under \^iliatever shape or color the attempt may he made." 
 
 4. That the Democratic Party will faithfully abide by and uphold 
 the principles laid down in the Kentucky and Virginia resolutions of 
 1797 and 1798, and in the report of Mr. Madison to the Virginia Leg- 
 islature in 1799 — that it adopts these principles as constituting one of 
 the main foundations of its political creed, and is resolved to carry 
 them out in their obvious meaning and import. And that we may 
 more distinctly meet the issue on which a sectional party, subsisting ex- 
 clusively on slavery agitation, now relies to test the fidelity of the 
 people. North and South, to the constitution and the Union — 
 
 1. Kesolved. That claiming fellow-ship with, and desiring Co-oper- 
 ation of all who regard the preservation of the Union under the Consti- 
 tution as the paramount issue, and repudiating all sectional parties 
 and platforms concerning domestic slavery, which seek to embroil the 
 States and incite to treason and armed resistance to law in the Terri- 
 tories and, whoseavowedpuTpose,if consummated, must end in civil war 
 anddisunion, the American Democracy recognize and adopt the princi- 
 ples contained in the organic laws establishing the Territories of Ne- 
 braska and Kansas embodying the only sound and safe solution of the 
 slavery question, upon which the great national idea of the people of 
 this whole Country can repose in its determined conservation of the 
 Union, and non-interferences of Congress with slavery in the Territo- 
 ries or in the District of Columbia. 
 
 2. That this was the basis of the compromises of 1850, confirmed 
 by both the Democratic and Whig parties in National convention, rati- 
 fied by the people in the election of 1852, and rightly applied to the or- 
 ganization of the Territories in ] 854. 
 
 3. That by the uniform application of the Democratic principle to 
 the organization of Territories, and the admission of New States with 
 or without domestic Slavery, as they may elect, the equal rights of all 
 the States will be preserved intact, the original compacts of the consti- 
 tution maintained inviolate, and the perpetuity and expansion of the 
 union insured to its utmost capacity of embracing in peace and har- 
 mony, every future American State that may be constituted or annexed 
 witli a republican form of Grovernment. 
 
 Resolved. That we recognize the right of the people of all the 
 Territories, including Kansas and Nebraska, acting through the legally 
 and fairly expressed will of the majority of the actual residents, and 
 whenever the number of their inhabitants justifies it, to form a con- 
 stitution with or without domestic Slavery, and be admitted into the 
 union upon terms of perfect equality with the other States. 
 
 Resolved, finally. That in view of the condition of popular institu- 
 tions in the old world (and the dangerous tendencies of sectional agita- 
 tion, combined with the attempt to enforce civil and religious disabilit- 
 ies against the rights of acquiring and enjoying citizenship in our own 
 land)' a high and sacred duty is involved with increased responsibility 
 upon the Democratic Party of this country, as the party of the union, 
 to uphold and maintain the rights of every State and thereby the union 
 of the States — and to sustain and advance among us constitutional 
 liberty, by continuing to resist all monopolies and exclusive legislation 
 for tlie benefit of the few at the expense of tlie many, and by a vigilant 
 and constant adherence to those principles and compromises of the 
 
CONSTITUTIONAL HISTORT OF UNITED STATES. 225 
 
 constitution — which are broad enough and strong enough to embrace, 
 and uphold the union as it was, the union as it is, and the union as it 
 shall be — in the full expression of the energies and capacity of this 
 great and progressive people. 
 
 1. Resolved. That there are questions connected with the foreign 
 policy of this country which are inferior to no domestic question what- 
 ever. The time has come for the people of the United States to de- 
 clare themselves in favor of free seas, and progressive free trade 
 throughout tho world, and, by solemn manifestations, to place their 
 moral influences at the side of their sucessful example. 
 
 2. Eesolved. That our geographical and political position with ref- 
 erence to the other states of this continent, no less than the interest 
 of our commerce and the development of our growing power, requires 
 that we should hold sacred the principles involved in the Monroe doc- 
 trine. Their bearing and import admit of no misconstruction, and 
 should be applied with unbending rigidity. 
 
 3. Resolved. That the great highway which nature, as well as the 
 assent of States most immediately interested in its maintenance has 
 marked out for free communication between the Atlantic and the Pacific 
 Oceans, constitutes one of the most important achievements realized by 
 the spirit of modern times, in the unconquerable energy of our people, 
 and the result would be secured by a timely and effloient exertion of 
 the control which we have the right to claim over it, and no power on 
 earth should be suffered to impede or clog its progress by any interfer- 
 ence with relations that it may suit our policy to establish between our 
 Grovernment and the Government of the States within whose domin- 
 ions it lies; we can under no circumstances surrender our preponder- 
 ance in the adjustment of all questions arising out of it. 
 
 4. Resolved. That in view of so commanding an interest, the peo- 
 ple of the United States cannot but sympathize with the efforts 
 which are being made by the people of Central America to regenerate 
 that portion of the continent which covers the passage across the in- 
 teroceanic isthmus. 
 
 5. Resolved. That the Democratic Party will expect of the next 
 Administration that every proper effort be made to insure our ascend- 
 ency in the Gulf of Mexico, and to maintain permanent protection to 
 the great outlets through which are emptied into its waters the pro- 
 ducts raised out of the soil and the commodities created by the industry 
 of the people of our western valleys, and of the union at large. 
 
 Resolved. That the administration of Franklin Pierce has been 
 true to Democratic principles, and therefore true to the great interests 
 of the country ; in the face of violent opposition, he has maintained 
 the laws at home, and vindicates the rights of American Citizens abroad 
 and therefore we proclaim our unqualified admiration of his measures, 
 and policy." 
 
 "Whig Platform,— 1856. 
 
 "Resolved. That the Whigs of the United States, now here assem- 
 bled, hereby declare their reverence for the constitution of the United 
 States, their unalterable attachment to the National Union, and a fixed 
 determination to do all in their power to preserve them for themselves 
 and their posterity. They have no new principles to announce ; no 
 
226 CIVIL GOVERNMENT OP THE STATES. 
 
 new platform to establish ; but are content to broadly rest — where 
 their fathers rested — upon the constitution of the United States, wish- 
 ing no safer guide, no higher law. 
 
 Eesolved. That we regard with the deepest interest and anxiety the 
 present disordered condition of our National affairs — a portion of the 
 country ravaged by civil war, large sections of our population embit- 
 tered by mutual recriminations ; and we distinctly trace these calamities 
 tothe culpable neglect of duty by the present national administration, 
 
 Eesolved. That the Government of the United States was formed by 
 the conjunction in political unity of wide spread geographical Sections 
 materially differing not only in climate and products, but, in social and 
 domestic institutions ; and that any cause that shall permanently array 
 the different Sections of the Union in political hostility and organized 
 parties founded only on geographical distinctions, must inevitably prove 
 fatal to a continuance of the National Union. 
 
 Eesolved. That the Whigs of the United States declare, as a funda- 
 mental article of political faith, an absolute neccessity for avoiding 
 geographical parties. The danger so clearly discer);ied by the Father of 
 his Country, has now become fearfully apparent in the agitation now 
 convulsing the Nation, and must be arrested at once if we wou^d pre- 
 serve our constitution and our Union from dismemberment, and the 
 name of America from being blotted out from the family of civilized 
 nations. 
 
 Eesolved. That all who revere the constitution and the Union must 
 look with alarm at the parties in the field in the present Presidential 
 Campaign — one claiming only to represent sixteen Northern States , 
 and the other appealing mainly to the passions and prejudices of the 
 Southern States ; that the success of either faction must add fuel to the 
 flame which now threatens to warp our dearest interests in a common 
 ruin. 
 
 Eesolved. That the only remedy for an evil so appalling, is to sup- 
 port a candidate pledged to neither of the geographical sections now 
 arrayed in political antagonism, but holding both in a just and equal 
 regard. We congratulate the friends of the Union that such a candidate 
 exists in Millard Fillmore. 
 
 Eesolved. That without adopting or referring to the peculiar doc- 
 trine of the party which has already selected Mr. Fillmore as a candi- 
 date we look to him as a well-tried and faithful friend of the constitu- 
 tion and the Union,emimentalikefor his wisdomandflrmness,for his jus- 
 tice and moderation in our foreign relations — for his calm and pacific 
 temperament, so well becoming the head of a great Nation — for his devo- 
 tion to the constitution in its true spirit — his infiexibility in executing 
 the laws ; but, beyond all these attributes in possessing the one transcen- 
 dent merit of being a repretasentive of neither of the two sectional par- 
 ties now struggliug for political supremacy. 
 
 Eesolved. That in the present exigency of political affairs, we are 
 not called upon to discuss the subordinate questions of administration 
 in the exercising of the constitutional powers of the government. It is 
 enough to know that Civil War was raging and that the Union was in 
 peril ; and we proclaim the conviction that the restoration of Mr. Fill- 
 more to the Presidency will furnish the best, if not the only means of 
 restoring peace. " (Fillmore was also the candidate of the Know-noth 
 ings.) 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 227 
 
 Eepublican platform — 1860. (Chicago platform.) 
 
 " Resolved that we, the delegates, representatives of the Republicati 
 electors of the United States, in convehtion, assembled in discharge of 
 the duty we owe to our constituents and oar country, unite in the 
 following Declarations : 
 
 1. That the history of the nation, during the last four years, has 
 fully established the propriety and necessity of the organization and 
 perpetuation of the Republican party, and the causes which called it 
 into existence are permanent in their nature, and now more than ever 
 before demand its peaceful and constitutional triumph. 
 
 2. That the maintenance of the principles promulgated in tlie 
 declaration of Independence and embodied in the Federal constitution 
 '•That all men are created equal; that they are endowed by their creator 
 with certain inalienable rights; that among these are life, liberty and 
 the pursuit of happiness; that to secure these rights governments are 
 instituted among men deriving their just powers from the consent of 
 the governed," is essential to the preservation of our Republican insti- 
 tutions; and that the Federal constitution, the rights of the States, and 
 the Union of the States, must and shall be preserved. 
 
 3. That to the Union of the States this nation owes its unprece- 
 dented increase in population, its surprising development of material 
 resources; its rapid augmentation of wealth, its happiness at home and 
 its honor abroad; and we behold in abhorence all schemes for Disunion, 
 come from whatever source they may; and we congratulate the country 
 that no Republican member of congress has uttered or co untenanced 
 the threats of Disunion so often made by democratic members without 
 rebuke, and with applause from their political associates; and we de- 
 nounce those threats of disunion in case of a popular overthrow of their 
 ascendency, as denying the vital principles of a free government and 
 as an avowal of contemplated treason which it is the imperative duty 
 of an indignant people sternly to rebuke and forever sUence. 
 
 4. That the maintenance inviolate of the rights of the States, 
 especially the right of each State to order and control its own doinestic 
 institutions according to its own judgment exclusively, is essential to 
 that balance of powers on which the perfection and endurance of our 
 political fabric depends; and we denounce the lawless invasion by 
 armed force of the soil of any State or _ Territory, no matter under 
 what pretext, as among the greatest of crimes. 
 
 5. Resolved. That the present Democratic Administration has far 
 exceeded our worst apprehensions, in its measureless subserviency to 
 the exactions of a sectional interest, as especially evinced inits desperate 
 exertions to force the infamous Leoompton constitution upon the 
 protesting people of Kansas; in construing the personal relation between 
 master and servant to involve an unqualified property in persons; in 
 its attempted enforcement everywhere, on land and sea, through the 
 intervention of congress and of the Federal courts of the extreme 
 pretentions of a purely local interest; and in its gsaerj,! and unvary- 
 ing abuse of the power intrusted to it by a confiding people. 
 
 6. That the people justly view with alarm the reckless extravagance 
 which pervades every department of the Federal Government; that a 
 return to rigid economy and accountability is indispensable to arrest 
 the systematic plunder of the public treasury by favored partisans ; 
 while the recent startling developments of frauds and corruptions at 
 
228 CIVIL GOVERNMENT OF THE STATES. 
 
 the Federal metropolis, show that an entire change of administration, 
 is imperatively demanded- 
 
 7. Tl^at the new dogma that the constitution, of its own force 
 carries Slavery into any or all of the Territories of the United States 
 is a dangerous political heresy, at variance with the explicit provisions 
 of that instrument itself, .with cotemporaneous exposition, and with 
 legislative and judicial precedent; is revolutionary in its tendency 
 and subversive of the peace and harmony of the country. 
 
 8. That the normal condition of all the the territory of the United 
 States is that of freedom; that as our Republican Fathers, when they 
 had abolished Slavery in all our national territory ordained that" no 
 person should be deprived of life, liberty, or property, without due 
 process of law," it became our duty, by legislation, whenever such leg- 
 islation is necessary to maintain the provision of the constitution 
 against all attempts to violate it; and we deny the authority of congress, 
 of a territorial legislature, orof any individuals, to give legal existence 
 to Slavery in any Territory of the United States. 
 
 9. That we brand the recent reopening of the African Slave-trade, 
 under the cover of our national flag, aided by perversions of our judicial 
 power, as a crime against humanity and a burning shame to our 
 country and age; and we call upon congress to take prompt find efficient 
 measures for the total and final suppression of that execrable traffic. 
 
 10. That in the recent vetoes by their Federal Governors, of the 
 acts of the Legislatures of Kansas and Nebraska, prohibiting Slavery 
 in those Territories , we find a practical illustration of the boasted 
 Democratic principle of non-intervention and popular sovereignty em- 
 bodied in the Kansas — ^Nebraska bill and a demonstration of the de- 
 ception and frauds involved therein. 
 
 11. Resolved, that Kansas, should, of right, be immediately ad- 
 mitted a State under the constitution recently formed and adopted 
 by her people, and accepted by the House of Representatives. 
 
 12. That, while providing revenue for the support of the General 
 Government by duties upon imposts, sound policy requires such 
 an adjustment of these imposts as to encourage the development of the 
 industrial interests of the whole country, and we commend that policy 
 of national exchanges which secures to the working men liberal wages, 
 to agriculture remunerating prices, to mechanics and manufacturers 
 an adequate reward for their skill, labor, and enterprise, and to the 
 nation commercial prosperity and independence. 
 
 13. That we protest against any sale or alienation to others of the 
 Public Lands held by the actual settlers, and against any views of the 
 Homestead policy which regards the settlers as paupers or suppliants 
 for public bounty; and we demand the passage by congress of the 
 complete and satisfactory Homestead measure which has already pass- 
 ed the House. 
 
 14. That the Republican party is opposed to any change in our 
 Naturalization Laws or any State Legislation by which the riglits of 
 citizenship hitheirto accorded to emigrants from foreign lands sWall be 
 abridged or impaired; and in favor of giving a full and efficient protec- 
 tion to the rights of all classes of citizens, whether native or naturalize- 
 ed, both at home and abroad. 
 
 15. That appropriations by congress for River and Harbor improve- 
 ments of a national character, required for the accommodation and se- 
 curityof an existing commerce, are authorized by the constitution, and 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 229 
 
 justified by tlio obligations of Government to protect the lives and prop- 
 erty of its citizens. 
 
 16. That a Railroad to the Pacific Ocean is imperatively dem anded 
 by the interest of the whole country that the Federal Grovernment ought 
 to render immediate and efficient aid in its construction, and that as 
 preliminary thereto, a daily overland mail should be promptly estab- 
 lished. 
 
 17. Finally, having thus set forth our distinctive principles and 
 views we invite the co-operation of all citizens, however differing on 
 other questions, who substantially agree with us ia their affirmance 
 and support. 
 
 The Constitutional Union convention — jl860. Bell for President and 
 Everett for vice President. 
 
 Constitutional Union platform — 1860. 
 
 Whereas, experience has demonstrated that platforms adopted by the 
 partisan conventions of the country have had the effect to mislead and 
 deceive the people and at the same time to widen the political divisions 
 of the country, by the creation and encouragement of geographical and 
 sectional parties ; therefore. 
 
 Resolved. That it is both the part of patriotism and of duty to rec- 
 ognize no political principles other than the constitution of the country 
 the Union of the States and the enforcement of the laws and that, as repre- 
 sentatives of the constitutional Union, men of the country in national 
 convention assembled, we hereby pledge ourselves to maintain, protect 
 and defend, separately and unitedly, these great principles of public 
 liberty and national safety, against all enemies at home and abroad, 
 believing that thereby peace may once more be restored to the country, 
 the rights of the people and of the States reestablished and the Gov- 
 ernment again placed in that condition, of justice, fraternity and, 
 equality, which, under the example and constitution of our fathers, 
 has solemnly bound every citizen of the United States to maintain a 
 more perfect Union , to establish j ustice, insure domestic tranquility, pro- 
 vide for the common defense, promote the general welfare, and secure 
 the blessingSjOf liberty to ourselves and our posterity. 
 
 The Democratic National Convention met at Charleston, S, C, April 
 2-3, 1860. A rupture took place betwaen the friends of Douglas and 
 the extremists of the South — many of the Southern States withdrew 
 from the convention, adjourned and met at Baltimore June 18, 1860, 
 and nominated Douglas for President and Beui . Fitz-Patrick for Vice- 
 President. Fitz-Patrick declined, and Herschel V. Johnson was nom- 
 inated afterwards by the National Committee. 
 
 The Southerners nominated John C, Breckinridge for President and 
 Gen, Joseph Lane for Vice-President. 
 
CIVIL GOVERNMENT OF THE STATES. 230 
 
 DEMOCRATIC PLATFORM— 1860. 
 
 1. Resolved, That we, tlie Democracy of the Union, in Convention as- 
 sembled, hereby declare our affirmance of the resolutions unanimously 
 adopted and declared as a platform of principles by the Democratic 
 Convention at Cincinnati, in the year 1856, believing that Democratic 
 principles are unchangeable in their nature, when applied to the same 
 subject matters; and we recommend as the only further resolutions 
 the following : 
 
 2. Besolved, That it is the duty of the United States to aiford ample 
 and complete protection to all its citizens, whether at home or abroad, 
 and whether native or foreign. 
 
 3. Besolved, That one of the necessities of the age, in a military, com- 
 mercial, and postal point of view, is speedy communication between 
 the Atlantic and Pacific States ; and the Democratic Party pledge such 
 Constitutional Government aid, as will insure the construction of a rail- 
 road to the Pacific coast, at the earliest practicable period. 
 
 4. Besolved, That the Democratic party are in favor of the acquisition 
 of the Island of Cuba, on such terms as shall be honorable to ourselves 
 and just to Spain. 
 
 5. Besolved, That the enactments of State Legislatures to defeat the 
 faithful execution of the Fugitive Slave Law, are hostile in character, 
 subversive of the Constitution, and revolutionary in their effect. 
 
 BRECKINRIDGE PLATFORM,— 1860. 
 
 Besolved, That the Platform adopted by the Democratic party at Cin- 
 cinnati be aflirmed, witli the following explanatory Resolutions : 
 
 First, That the Government of a Territory organized by an act of 
 Congress, is provisional and temporary ; and during its existence, all 
 citizens of the United States have an equal right to settle with their 
 property in the Territory without their rights, either of person or pro- 
 perty, being destroyed or impaired by Congressional or Territorial 
 Legislation. 
 
 Second, That it is the duty of the Federal Government, in all its de- 
 partments, to protect when necessary the rights of persons and proper- 
 ty in the Territories, and wherever else its Constitutional authority ex- 
 tends. 
 
 Third, That when the settlers in a Territory having an adequate 
 population form a State Constitution in pursuance of law, the right of 
 sovereignty commences, and, being consummated by admission into 
 the Union, tliey stand on an equal footing with the people of other 
 States ; and the State thus orgaiiized ought to be admitted into the 
 Federal Union, whether its Constitution prohibits or recognizes the 
 institution of Slavery. 
 
 Fourth, T}iat the Democratic party are in favor of the acquisition of 
 I the Island of Cuba, on such terms as shall be honorable to ourselves 
 and just to Spain, at the earliest practicable moment. 
 
 Ftfth, That the enactments of State Legislatures to defeat the faith- 
 ful execution of the Fugitive Slave Law, are hostile in character, sub^ 
 versive of the Constitution, and revolutiouarj- in their effect. 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 231 
 
 Sixth, That the Democracy of the United States recognize it as the 
 imperative duty of this Government to protect the naturalized citizen 
 in all his rights, ■whether at home or in foreign lands, to the same ex- 
 tent as its native-born citizens. 
 
 Whereas, one of the greatest necessities of the age, in a Political,Com- 
 mercial. Postal and Military point of view, is a speedy communica- 
 tion between the Pacific and Atlantic coasts. Therefore, be it 
 
 Besolved, That the Democratic party do hereby pledge themselves to 
 use every means in their power to secure the passage of some bill to 
 the extent of the Constitutional authority of Congress for the construc- 
 tion of a Pacific Railroad from the Mississippi Eiver to the Pacific Ocean, 
 at the earliest practicable moment. 
 
 NATIONAL PLATFOEMS OF 1868. 
 
 THE DEMOCRATIC PLATFORM. 
 
 The Democratic Party, in National Convention assembled, reposing 
 its trust in the intelligence, patriotism, and discriminating justice of 
 the people, standing upon the Constitution as the foundation and 
 imitation of the powers of the Government, and the guarantee of the 
 liberties of the citizen ; and recognizing the questions of slavery and 
 secession as having been settled for all time to come by the war or the 
 voluntary action of the Southern States in Constitutional Convention 
 assembled, and never to be renewed or reagitated, do with the return 
 of peace demand ; 
 
 J'Jrsf— Immediate restoration of all the States to their rights in the 
 Union under the Constitution, and of civil government to the Ameri- 
 can people. 
 
 ySecowd— Amnesty for all past political offences, and the regulation of 
 the elective franchise in the States by their citizens 
 
 T/iJrcZ— Payment of the public debt of the United States as rapidly 
 as practicable ; aU moneys drawn from the people by taxation, except 
 so much as is requisite for the necessities of the Government, econom- 
 ically administered, being honestly applied to such payment ; and where 
 the obligations of the Government, do not expressly state upon their 
 fiice, or the law under which they were issued does not provide, that 
 they shall be paid in coin, they ought, in right and in justice, to be 
 paid in the lawful money of the United States. 
 
 Jbitrf/t— Equal taxation of every species of property, according to 
 itsjeal value, including Government bonds and other public securities. 
 
 Fifth^Oae currency for the Government and the people, the laborer 
 and the offlceholder, the pensioner and the soldier, the producer and 
 
 the bondholder. . ^ ^^ n j. j-t, 
 
 Sixtl^Economj in the administration of the Government ; the re- 
 duction of the standing army and navy ; the abolition of the Freedman's 
 Bureau— and all political instrumentalities designed to secure negro 
 supremacy ; simplification of the system, and discontinuance of inquis- 
 itorialmodes of assessing and collecting Internal Revenue, so that the 
 burden of taxation may be equalized and lessened ; the credit ot the 
 
232 CIVIL GOVERNMENT OF THE STATES. 
 
 Government and the currency made good ; the repeal of all enactments 
 for enrolling the State militia into national forces in time of peace ; 
 and a tariff for revenue upon foreign imports, and such equal taxation 
 under the Internal Revenue laws as will afford incidental protection to 
 domestic manufactures, and as will, without impairing the revenue, 
 impose the least burden upon and yet promote and encourage the great 
 industrial interests of the country. 
 
 Seventh — Reform of abuses in the administration, the expulsion of 
 corrupt men from. ofSce, the abrogation of useless ofllces, the restora- 
 tion of rightful authority to, and tlie independence of the executive and 
 judicial department of the Government ; the subordination of the mili- 
 tary to the civil power, to the end that the usurpation of Congress 
 and the despotism of the sword may cease. 
 
 JEightli — ^Equal rights and protection for naturalized and native born 
 citizens at home and abroad,- the assertion of American nationality, 
 which shall command the respect of foreign powers, and furnish an ex- 
 ample and encouragement to people struggling for national integrity, 
 constitutional liberty, and individual rights, and the maintenance of the 
 rights of naturalized citizens against the absolute doctrine of immuta- 
 ble allegiance, and the claims of foreign powers to punish them, for al- 
 leged crime committed beyond their jurisdiction. 
 
 In demanding these measures and reforms, we arraign the Radical 
 party for its disregard of right and the unparalleled oppression and 
 tyranny which have marked its career. 
 
 After the most solemn and unanimous pledge of both Houses of Con- 
 gress to prosecute the war exclusively for the maintenance of the Gov- 
 ernment, and the preservation of the Union under the Constitution, it 
 has repeatedly violated that most sacred pledge under which alone was 
 rallied that noble volunteer army which carried our flag to victory. 
 Instead of restoring the Union, it has so far as in its power, dissolved 
 it, and subjected ten States, in time of profound peace, to military des- 
 potism and negro supremacy. It has nullified there the right of trial by 
 jury ; it has abolished the habeas corpus, that most sacred writ of liber- 
 ty ; it has overthrown the freedom of speech and the press ; it has 
 substituted arbitrary seizures and arrests, and military trials and se- 
 cret star-chamber inquisitions for the constitutional tribunals ; it has 
 disregarded in time of peace the right of the people to be free from 
 searches and seizures ; it has entered the post and telegraph ofSces, 
 and even the private rooms of individuals, and seized their private pa- 
 pers and letters without any specific charge or notice oi affidavit, as re- 
 quired by the organic law ; it has converted the American Capitol into 
 a BastUe ; it has established a system of spies and official espionage to 
 Ivhich no constitutional monarchy of Europe would now dare to resort; 
 it would abolish the right of appeal on important constitutional ques- 
 tions to the supreme judicial tribunal, and threatens to curtail or des- 
 troy its original jurisdiction which is irrevocably vested by the Consti- 
 tution, while the learned Chief-Justice has been subjected to the most 
 atrocious calumnies, merely because he would not prostitute his high 
 office to the support ot tlie false and partisan charges preferred against 
 the President. Its corruption and extravagance have exceeded every- 
 thing Iinown in history, and by its frauds and monopolies it has nearly 
 doubled the burden of the debt created by the war. It has stripped 
 the President of his constitutional power of appointment, even of his 
 own Cabinet. Under its repeated assaults the piUars of the Govern- 
 
COKSTITUTIOKAL HISTORY OF UNITED STATES 233 
 
 ment are rocking on their base, and should it succeed in November 
 next and inaugurate its President, we will meet as a subjected and con- 
 quered people amid th6 ruins of liberty and the scattered fragments of 
 the Constitution. 
 
 And we do declare and resolve, that ever since the people of the 
 United States threw off all subjection to the British Crowu, the privil- 
 ege and trust of suffrage have belonged to the several States, and have 
 been granted, regulated, and controlled exclusively by the political 
 power of each State-respectively, and that any attempt by Congress, 
 on any pretext whatever, to deprive any State of this right, or inter- 
 fere with its exercise, is a flagrant usurpation of power which can find 
 no warrant in the Constitution, and if sanctioned by the people will 
 subvert our form of government, and can only end in a single centraliz- 
 ed and consolidated government, in which the separate existence of the 
 States will be entirely absorbed and an rmqualifled despotism be es- 
 tablished in place of a Federal Union of coequal States. 
 
 And that we regard the Reconstruction acts (so-called) of Congress, 
 as such, as usurpations, and unconstitutional, revolutionary and void. 
 
 That our soldiers and sailors who carried the flag of our country to 
 victory against amost gallant and determined foe must ever be gratefully 
 remembered, and all the guarantees given iu their favor must be faith- 
 fully carried into execution. 
 
 That the public lands should be distributed as widely as possible a- 
 mong the people, and should be disposed of either under the pre-emption 
 of homestead lands, or sold in reasonable quanities, and to none but ac- 
 tual .occupants, at the minimum price established by the Government. 
 When grants of public lands may be allowed, necessary for the encour- 
 agement of important public improvements, the proceeds of the sale 
 of such lands, and not the lands themselves, should be applied. 
 
 That the President of the United States— Andrew Johnson— in exer- 
 cising the power of his high office in resisting the aggressions of Con- 
 gress upon the constitutional rights of the States and t6e people, is en- 
 titled to the gratitude of the whole American people; and in behalf of 
 the Democratic party we tender him our thanks for his patriotic efforts 
 in that regard. 
 
 Upon this Platform the Democratic party appeal to every patriot, 
 including the conservative element and all who desire to support the 
 Constitution and restore the Union, forgetting all past differences of 
 opinion, to unite with us in the present great struggle for the liberties 
 of the people, and that to all such, to whatever party they may have 
 heretofore belonged, we extend the right hand of fellowship, and haU 
 all such co-operating with us as friends and brethren. 
 
 THE REPUBLICAN PLATFORM. 
 
 The National Republican Convention met at Chicago May 20, assum- 
 ed the name of "The National Union Republican Party," and nomina- 
 ted General U. S. Grant, on the first ballot, as candidate for President, 
 and Schuyler Colfax, of Indiana, on the fifth ballot, as candidate for 
 Vice-President. May 21, the Convention adopted the following plat- 
 form : 
 
234 CIVIL GOVERNMENT OF THE STATES. 
 
 I. We congratulate the country on the assured success of the recon- 
 struction policy of Congress, as evinced by the adoption, in the major- 
 ity of States lately in rebellion, of constitutions securing equal civil and 
 political rights to all : and it is the duty of the Government to sustain 
 those institutions and to prevent the people of such States from being 
 re-admitted to a state of anarchy. 
 
 II. The guaranty by Congress of equal safl'rage to all loyal men at 
 the South was demanded by every consideration of public safety, of 
 gratitude, and of justice, and must be maintained; while the question 
 of suffrage in all the loyal States properly belongs to the people of 
 those States. 
 
 III. We denounce all forms of repudiation as a national crime ; and 
 the national honor requires the payment of the public indebtedness in 
 the uttermost good faith to all creditors at home and abroad, not only 
 according to the letter but the spirit of the laws under which it was 
 contracted 
 
 IV. It is due to the labor of the nation that taxation should be 
 equalized and reduced as rapidly as the national faith will permit. 
 
 V. The national debt, contracted as it has been for the preservation 
 of the Union for all time to come, should be extended over a fair period 
 for redemption ; and it is the duty of Congress to reduce the rate of in- 
 terest thereon whenever it can be honestly done. 
 
 VI. That the best policy to diminish our burden of debt, is to so 
 improve our credit that capitalists will seek to loan us money at lower 
 rates of interest than we now pay, and must continue to pay so longaa 
 repudiation, partial or total, 6pen or covert, is threatened or suspect- 
 ed. 
 
 VII. The Grovernment of the United States should be administered 
 with the strictest economy, and the corruptions which have been so 
 shamefully nursed and fostered by Andrew Johnson call loudly for 
 radical reform. 
 
 VIII. We profoundly deplore the untimely and tragic death of 
 Abraham Lincoln, and regret the accession to the Presidency of Andrew 
 Johnson, who has acted treacherously to the people yrho elected him 
 and the cause he was pledged to support ; who has usurped high legis- 
 lative and judicial functions ; who has refused to execute the laws ; who 
 has used his high office to induce other officers to ignore and violate 
 the laws; who has employed his executive powers to render insecure 
 the property, the peace,liberty, and life of the citizen ; who has abused 
 the pardoning power ; who has denounced the National Legislature as 
 unconstitutional ; who has persistently and corruptly resisted, by every 
 means in his power,every proper attempt at the reconstruction of the 
 States lately in rebellion; who has perverted the public patronage 
 into an engine of wholesale corruption; and who has been justly im- 
 peached for high crimes and misdemeanors, and properly pronounced 
 guilty thereof by the votes of thirty-five Senators. 
 
 IX. The doctrine of Great Britain and other European powers, that 
 because a man is once a subject he is always so, must be resisted at 
 every hazard by the United States as a relic of feudal times not author- 
 ized by the laws of nations, and at war with our national honor and 
 independence. Naturalized citizens are entitled to protection in all 
 their rights of citizenship, as though they were native born; and no 
 citizen of the United States, native or naturalized, must be liable to 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 235 
 
 arrest and imprisonment by any foreign power for acts done, or words 
 spoken in this country : and if so arrested and imprisoned, it is the 
 duty of the Government to interfere in his behalf. 
 
 X. Of all who were faithful in the trials' of the late war, there were 
 none entitled to more especial honor than the brave soldiers and sea- 
 men who endured the hardships of campaign and cruise, and imperilled 
 their lives in the service of thb country ; the bounties and pensions 
 provided by the laws for these brave defenders of the nation are ob- 
 ligations never to be forgotten ; the widows and orphans of the gal- 
 lant dead are the wards of the people — a sacred legacy, bequeathed to 
 the nation's protecting care. 
 
 XI. Foreign immigration, which in the past has added so much to 
 the wealth, development, and resources and increase of power to this 
 Republic, the asylum of the oppressed of all nations, should be foster- 
 ed and encouraged by a liberal and just policy. 
 
 XII. This convention declares itself in sympathy with all oppressed 
 people struggling for their rights. 
 
 On motion of Carl Schurz, the following were added -. 
 
 Besolved. That we highlycommend the spirit of magnanimity and 
 forbearance with which men who have served in the rebellion — ^but who 
 now frankly and honestly co-operate with us in restoring the peace of 
 the country, and reconstructing the Southern State governments upon 
 the basis of Impartial Justice and Equal Eights, are received back 
 into the communion of the loyal people ; and we favor the removal of 
 the disqualifications and restrictions imposed upon the late rebels in 
 the same measure as their spirit of loyalty will direct, and as may be 
 consistent with the safety of the loyal people. 
 
 Besolved, That we recognize the great principles laid down in the 
 immortal Declaration of Independence as the true foundation of Dem- 
 ocratic Grovernmelit ; and we hail with gladness every effort making 
 these principles a living reality on every inch of American soil. 
 
 HoEATio Setmoue's Lettee of Acceptance. 
 
 Gentlemen: 
 
 Utica, August 4. 
 
 When, in the City of New York, on the 11th of July, in the presence 
 of a vast multitude, on behalf of the National Democratic Convention, 
 you tendered to me its unanimous nomination as its candidate for the 
 offlce of President of the United States, I stated that I had no words 
 adequate to express my gratitude for the good will and kindness which 
 that body had shown to me. Its nomination was unsought and unexpect- 
 ed. It was my ambition to take an active part, from which I am now 
 excluded, in the great struggle going on for the restoration of good 
 government, of peace and prosperity to our country. But I have been 
 caught up by the whelming tide which is bearing us on to a great polit- 
 ical change, and I find myself unable to resist its pressure. You have 
 also given me a copy of the resolution put forth by the Convention, 
 showing its position upon all the great questions which now agitate 
 the country. As the presiding officer of that Convention, I am familiar 
 with their scope and imports; as one of its members, I am a party to 
 their terms. They are in accord with my views, and I stand upon 
 
236 CIVIL GOVEENMENT OF THE STATES. 
 
 them in a contest uponwliich we are now entering, and shall strive to 
 carry them out in future, wherever I may be placed, in political or 
 private life. 
 
 I then stated that I would send you these words of acceptance in a 
 letter, as is the customary form. I see no reason, upon reflection, to 
 cnange or qifalify the terms of my approval of the resolutions of the 
 Convention. 
 
 I have delayed the mere formal act of communicating to you in writ- 
 ing what I thus publicly said, for the purpose of seeing what light the 
 action of congress would throw upon the interests of the country. Its 
 acts since the adjournment of the convention show an alarm lest a 
 change of political power will give to the people what they ought to 
 have — a clear statement of what has been done with the money drawn 
 from them during tlfe past eight years. Thoughtful men feel that there 
 have been wrongs in the financial management which have been kept 
 from the public knowledge. The Congressional party has not only 
 allied itself with military power, which is to be brought to bear direct- 
 ly upon the elections in many States.but it also holds it self inperpetual 
 session, with the avowed purpose of making such laws as it shall see 
 fit, in view of the elections which will take place within a few weeks. 
 It did not, therefore, adjourn, but took a recess, to meet again if its 
 partisan interests shall demand its re- assembling. Never before in the 
 history of our country has Congress thus taken a menacing attitude 
 towards its electors. Under its influence some of the States organized by 
 its agents are proposing to deprive the people of the right to vote for 
 Presidential electors, and the first bold steps are taken to destroy the 
 rights of suffrage. It is not strange, therefore, that thoughtful men see 
 in such action the proof that there is with those who shape the policy 
 of the Republican party, motives stronger and deeper than the mere 
 wish to hold political power; that there is a dread of some exposure 
 which- drivres them on to acts so desperate and impolitic. 
 
 Many of the ablest leaders and journals of the Republican party have 
 openly deplored the violence of congressional action, and its tendency 
 to keep up discord in our country. The great interests of our Union de- 
 mand peace, order, and a return to those industrial pursuits without 
 which we cannot maintain the faith or honor of our government. The 
 minds of business men are perplexed by uncertainties. The Jiours 
 of toil of our laborers are lengthened by the costs of living made by the 
 direct and indirect exactions of Grovernnient. Our people are harass- 
 ed by the heavy and frequent demands of the tax-gatherer. Without 
 distinction of party there is a strong feeling in favor of that line of 
 action which shall restore order and confidence, and shall lift off the 
 burdens which now hinder and vex the industry of the country. Yet 
 at this moment those in power have thrown into the Senate Chamber 
 and Congressional Hall new elements of discord and violence. Men 
 have been admitted as Representatives of some of the Southern States, 
 with the declaration upon their lips that they cannot live in the States 
 they claim to represent without military protection. These men are to 
 make laws for the North as well as the South. These men, who a few 
 day since were seeking as suppliants that Congress would give them 
 power within their respective States, are to-day the masters and con- 
 trollers of the actions of those bodies. Entering them with minds filled 
 with passions, their first demands have been that Congress shall look 
 upon the States from which they come as in conditions of civil war; 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 237 
 
 that the majority of their populations, embracing their intelligence, 
 shall be treated as public enemies; that military forces shall be kept 
 up at the cost of the people of the North, and that there shall be no 
 peace andorder at the South save that which is made by arbitrary power. 
 Every intelligent man knows that these men owe their seats in Congress 
 to the disorder in the South; every man knows that they not only owe 
 their present positions to disorder, but that every motive springing 
 from the love of power, of gain, of a desire for vengeance prompts 
 them to keep the South in anarchy. While tjiat exists, they are inde- 
 pendent of the wills or wishes of their fellow-citizens. While confusion 
 reigns they are the dispensers of the profits and the honors which grow 
 outof the government of mere force. These men are now placed in 
 position where they cannot merely urge their views of policy, but where 
 they can enforce them. When others shall be admitted in this manner 
 from the remaining Southern States, although they will have in truth 
 no constituents, they will have more power in the Senate than a majori- 
 ty of people of this Union living in nine of the great States. In vain 
 the wisest members of the Republican party protested against the policy 
 that led to this result. While the chiefs of the late rebellion have sub- 
 mitted to the results of the war, and are now quietly engaged in useful 
 pursuits for the support of themselves and their families, and are try- 
 ing by the force of their example to lead back the people of the South 
 to the order and industry, not only essential to their well being, but to 
 the greatness and prosperity of our common country, we see that those 
 who, without ability or influence, have been thrown by the agitations 
 of civil convulsion into positions of honor and profit, are striving to 
 keep alive the passions to which they owe their elevation. And they 
 clamorously insist that they are the only friends of our Union — a Union 
 that can only have a sure foundation in fraternal regard and a common 
 desire to promote the peace, the order, and the happiness of all sections 
 of our land. 
 
 Events in Congress since the adjournment of the Convention have 
 vastly increased the importance of a political victory by those who are 
 seeking to bring back economy, simplicity, and justice in the adminis- 
 tration of our national affairs. Many Eepublicans have heretofore clung 
 to their party who have regretted the extreme of violence to which it has 
 run. They have cherished a faith that while the action of their polit- 
 ical friends has been mistaken, their motives havebeen good. They must 
 now see that the Republican party is in that condition that it cannot 
 carry out a wise and peaceful policy, whatever its motives may be. It 
 is a misfortune not only to the country, but to a governing party 
 itself, when its action is unchecked by any form of opposition. 
 It has been the misfortune of the Republican party that the events of the 
 past few years have given it so much power that it has been able to 
 schackle the Executive, to trammel the Judiciary, and to carry out the 
 views of the most unwise and violent of its members. When this state 
 of things exists in anyparty,it has ever been found that the sober judg- 
 ments of its ablest leaders do not control. There is> hardly an able 
 men who has helped to build up the Republican organization, who has 
 not, within the past three years, warned it against its excesses, who has 
 not been borne down and forced to give up his convictions of what the 
 country called for; or, if too patriotic to do this, who has not been driv- 
 en from its ranks. If this has been the case heretofore, what will be its 
 action now with this new infusion of men who, without a decent respect 
 
238 CITIL GOVERNMENT OF THE STATES. 
 
 for the views ofthose who had just given them their position, begin 
 their legislative career with calls for arms, wHh demands that their 
 States shall be regarded as in a condition of civil war, and with a de- 
 claration that they are ready and anxious to degrade the President of 
 the United States, whenever they can persuade or force Congress to 
 bring forward new articles of impeachment. 
 
 The Republican party, as well as we, are interested in putting some 
 check upon this violence. It must be clear to every thinking man that 
 a division of political power tends to check the violence of party action 
 and to assure the peace and good order of society. The elec- 
 tion of a Democratic Executive ■ and a majority of Democratic 
 members to the House of Eepresentatives would not give to that 
 party organization the power to make sudden and violent changes, 
 but it would serve to check those extreme measures which have been 
 deplored by the best men of both political organizations. The result 
 would most certainly lead to that peaceful restoration of the Union and 
 re-establishment of fraternal relationship which the country desires. 
 I am sure that the best men of the Republican party deplore as deeply 
 as I do the spirit of violence shown by those recently admitted to seats 
 in Congress from the South. The condition of civil war which they 
 contemplate must be abhorrent to every right thinking man. 
 
 I have no mere personal wishes which mislead myjudgment in regard 
 to the pending election. No man who has weighed and measured the 
 duties of the office of President of the United States, can fail to be im- 
 pressed with the cares and toils of him who is to meet its demands. 
 It is not merely to float with popular currents, without a policy or a 
 purpose. On the contrary, while our Constitution gives just weight to 
 the public will, its distinguishing feature is that it seeks to protect 
 the rights of minorities. Its greatest glory is that it puts restraints 
 upon power. It gives form and force to those maxims and principles 
 of civil liberty for which the martyrs of freedom have struggled through 
 ages. It declares the right of the people : " Tobe secure in their per- 
 sons, houses and papers against unreasonable searches and seizures. 
 That Congress shall make no law respecting an establishment of relig- 
 ion or the free exercises thereof, or abridging the freedom of speech or 
 of the press, or the right of the people to petition for the redress of 
 grievances. It secures the right of a speedy and public trial by an im- 
 partial jury." 
 
 No man can rightfully enter upon the duties of the Presidential of- 
 fice unless he is not only willing to carry out the wishes of the people, 
 expressed in a constitutional way, but is also prepared to stand up for 
 the rights of minorities. He must be ready to uphold the free exercise 
 of religion. He must denounce measures which would wrong personal 
 or home rights, or the religious conscience of the humblest citizen of the 
 land. He must maintain, without distinction of creed or nationality, 
 all the privileges of American citizenship. 
 
 The experience of every public man who has been faithful to his trust 
 teaches him that no one can do the duties of the office of President unless 
 he is ready not only to undergo the falsehoods and abuse of the bad, but 
 to suffer from the censure of the good who are misled by prejudices and 
 misrepresentation. There are no attractions in such positions, which 
 deceive my judgment, when I say that a great change is going on in 
 the public miud. The mass of the Republican party are more thought- 
 ful, temperate^ and just than they were during the excitements which 
 
OCNSTITUXIONAL HISTORT OF UNITED STATES. 239 
 
 attended the progress and close of the civil war. As the energy of the 
 Democratic party springs from their devotion to their cause and not to 
 their candidates, I may with propriety speak of the fact that never in 
 the political history of our country has the action of any like body been 
 hailed with such universal and widespread enthusiasm as that which 
 has been shown in relation to the position of the National Democratic 
 Convention. With this the candidates had nothing to do. Had any 
 others of those named been selected, this spirit would have been, per- 
 haps, more marked. The zeal and energy of the conservative masses 
 spring from a desire to make a change of political policy, and from the 
 Confidence that they can carry out their policy. 
 
 In this faith they are strengthened by the co-operation of the great 
 body of those who served in the Union army and navy during the war. 
 Having given nearly sixteen thousand commissions to the officers of 
 that army, I know their views and wishes. They demand the Union 
 for which they fought. The largest meeting of these gallant soldiers 
 which ever assembled was held in New York, and indorsed the action 
 of the National Convention. In words instinct with meaning, they 
 called upon the Government to stop in its policy of hate, discord and 
 disunion, and in tones of fervid eloquence they demanded the restora- 
 tion of the rights and liberties of the American people. 
 
 Wlien there is such accord between those who prove themselves 
 brave and self-sacrificing in war, and those who are thoughtful and 
 patriotic in council, I cannot doubt we shall gain a political triumph 
 which will restore our Union, bring back peace and prosperity to our 
 land, and will give us once more the blessings of a wise, economical and 
 honest Government. 
 
 I am, Gentlemen, truly, yours, &c, 
 
 HOEATIO Setmour. 
 To Gen. G. W. Morgan, and others, Committee, &c., &c. 
 
 GENERAL GRANT'S LETTER OE ACCEPTANCE. 
 
 Washington, June 1. 
 To J. B. Eaieley, President of tlie National Union BeptiUican Convention: 
 
 In formally accepting the nomination of the National Union Republi- 
 can Convention of the 21st, of May, it seems proper that some state- 
 ment of views beyond the mere acceptance of the nomination should 
 be expressed. 
 
 The proceedings of the Convention were marked with unusual mod- 
 eration and patriotism, and 1 believe express the feelings of the great 
 mass of those who sustained the country through its recent trials. If 
 elected to the office of President of the United States, it shall be my en- 
 deavor to administer all the laws in good faith, with economy, and 
 with a view of giving peace, quiet and protection everywhere. 
 
 In timeslike the present it is impossible or at least eminently improp- 
 er, to lay down a policy to be adhered to, right or wrong, through an 
 administration of four years. New political issues not foreseen are 
 constantly arising, to the views of the public, and old ones are constant- 
 Iv changing, and a purely administrative officer should be left free to ex- 
 ecute the wiU of the people. I always have respected that will, and 
 always shall. Peace and universal prosperity is its sequence and with 
 
240 CIVIL GOVEENMENT OF THE STATES. 
 
 economy of administration, will lighten the burden of taxation, while it 
 constantly reduces the national debt. Let us have peace. 
 With great respect, 
 
 Your obedient servant, 
 
 U. S. GRANT. 
 
 KATIOI*fAL PLATFOEMS OF 1872. 
 
 THE DEMOCRATIC PLATFORM. 
 
 Adopted by the National Democratic Convention at Baltimore, July, 
 1872. 
 
 We, the Democratic electors of the United States in convention as- 
 sembled, do present the following principles, already adopted at Cin- 
 cinnati, as essential to just government. 
 
 First: We recognize the equality of all men before the law, and 
 hold that it is the duty of government in its dealings with the people to 
 mete out equal and exact justice to all, of whatever nativity, race, color 
 or persuasion, religious or political. 
 
 Second : We pledge ourselves to maintain the union of these States, 
 emancipation, and enfranchisement, and to oppose any reopening of the 
 questions settled by the Thirteenth, Fourteenth, and Fifteenth amend- 
 ments to the constitut ion. 
 
 Third : We demand the immediate and absolute removal of all dis- 
 abilities imposed on account of the rebellion, which was finally subdued 
 seven years ago, believing that universal amnesty will result in com- 
 plete pacification in all sections of the country. 
 
 Fourth: Local self-government, with impartial suffrage, will guard 
 the rights of all citizens more securely than any centralized power. 
 The public welfare requires the supremacy of the civil over the military 
 authority, and freedom of person under the protection of the habeas 
 corpus. We demand for the individual the largest liberty consistent 
 with public order ; for the State, self-government, and for the nation a 
 return to the methods of peace and the constitutional limitations of 
 power. 
 
 Fifth : The Civil Service of the government has become a mere in- 
 strument of partisan tyranny and personal ambition, and an object of 
 selfish greed. It is a scandal and reproach upon free institutions, and 
 breeds a demoralization dangerous to the perpetuity of republican gov- 
 ernment. We therefore regard such thorough reforms of the Civil Ser- 
 vice as one of the most pressing necessities of the hour , that honesty, 
 capacity, and fidelity constitute the only valid claim to public employ- 
 ment , that the of&ces of the government cease to be a matter of arbi- 
 trary favoritism and patronage, and that public station become again a 
 post of honor. To this end it is imperatively required that no President 
 shall bo a candidate for re-election. , 
 
 Sixth : We demand a system of federal taxation which shall not un- 
 necessarily interfere with the industry of tlie people, and which shall 
 provide the means necessary to pay the expenses of the government 
 
CONSTITUTIONAL HI8TOBT OF TTNITED STATES. 241 
 
 econoinically administered, the pensions, the interest on the public 
 debt, and a moderate reduction annually of the principal thereof, and, 
 recognizing that there are in our midat honest but irreconcilable differ- 
 ences of opinion with regard to the respective systems of protection and 
 free trade, we remit the discussion of the subject to the people in their 
 Congress Districts, and to the decision of the Congress thereon, wholly 
 free of executive interference or dictation. 
 
 Seventh : The public credit must be sacredly maintained, and we 
 denounce repudiation in every form and guise. 
 
 Highth : A speedy return to specie payments is demanded alike by 
 the highest considerations of commercial morality and honest govern- 
 ment. 
 
 Ninth ; We remember with gratitude the heroism and sacrifices of 
 the soldiers and sailors of the republic, and no act of ours shall ever 
 detract from their justly-earned fame for the full reward of their pa- 
 triotism. 
 
 Tenth : We are opposed to all further grants of lands to railroads or 
 other corporations. The public domain should be held sacred to actual 
 settlers. 
 
 Eleventh : We hold that it is the duty of the government, in its 
 intercourse with foreign nations, to cultivate the friendship of peace, 
 by treating with all on fair and equal terms, regarding it alike dislion- 
 orable either to demand what is not right, or to submit to what is 
 wrong. 
 
 Twelfth : For the promotion and success of these vital principles and 
 the support of the candidates nominated by this convention, we invite 
 and cordially welcome the co-operation of aU patriotic citizens, without 
 regard to previous affliations. 
 
 THE REPUBLICAN PLATFORM. 
 
 Adopted by the National Republican Convention at Philadelphia, 
 June, 1872. 
 
 The Republican Party of the United States, assembled in National 
 Convention in the city of Philadelphia, on the 5th and 6th days of June, 
 1872, again declares its faith, appeals to its history, and announces its 
 position upon the questions before the country : 
 
 First : During eleven years of supremacy it has accepted with grand 
 courage the solemn duties of the time. It suppressed a gigantic re- 
 bellion, emancipated four millions of slaves, decreed the equal citizen- 
 ship of all, and established universal suffrage. Exhibiting unparalleled 
 magnanimity, it criminally punished no man for political offences, and 
 warmly welcomed all who proved their loyalty by obeying the laws 
 and dealing justly with their neighbors. It has steadily decreased, 
 with a firm hand, the resultant disorders of a great war, and initiated a 
 wise policy toward the Indians. The Pacific Railroad and similar vast 
 enterprises have been generally aided and successfully conducted ; the 
 public lands freely given to actual settlers ; immigration protected and 
 encouraged, and a tull acknowledgment of the naturalized citizens' 
 rights secured from European powers. A uniform national currency 
 has been provided : repudiation frowned down : the national credit 
 
242 CIVIL GOVERNMENT OF THE STATES. 
 
 sustained under most extraordinary burdens, and new bonds negotiat- 
 ed at lower rates; the revenues have been carefully collected and hon- 
 estly applied. Despite the annual large reducti(ms of rates of taxation, 
 the public debt has been reduced during Gen. Grant's presidency at the 
 rate of $100,000,000 a year. A great financial crisis has been avoided, 
 and peace and plenty prevail throughout the land. Menacing foreign 
 difflculties have been peacefully and honorably compromised, and the 
 honor and the power of the nation kept in high respect throughout the 
 world. This glorious record of the past is the parties best pledge for the 
 future. We believe the people will not intrust the government to any 
 party or combination of men composed chiefly of those who have 
 resisted every step of this beneficial progress. 
 
 Second: Complete liberty and exact equality in the enjoyment of aU 
 civil, political, and public rights should be established and effectually 
 maintained throughout the Union, by efficient and appropriate State and 
 federal legislation. Neither the law nor its adminstration should admit 
 of any discrimination in respect of citizen by reason of race, creed, col- 
 or, or previous condition of servitude. 
 
 Third : The recent amendments to the national Constitution should 
 be cordially sustained, because they are right, not merely tolerated be- 
 cause they are law, and should be carried out according to their spirit 
 by appropriate legislation, the enforcement of which can be safely 
 trusted only to the party that secured those amendments. 
 
 Fourth : The national government should seek to maintain an honor- 
 able peace with all nations, protecting its citizens everywhere, and sym- 
 pathizing with all people who strive for greater liberty. 
 
 Fifth : Any system of the Civil Service under which the subordinate 
 positions of the government are considered rewards for mere party zeal, 
 is fatally demoralizing ; and we, therefore, favor a reform of the system 
 by laws, which shall abolish the evils of patronage, and make honesty, ' 
 efficiency, and fidelity the essential qualifications for public position, 
 •without practically creating a life tenure-of- office. 
 
 Sixth: We are opposed to further grants of the public lands to corp- 
 orations and monopolies, and demand that the national domain be set 
 apart for free homes for the people. 
 
 Seventh : The annual revenues, after paying the current debts, should 
 furnish a moderate balance for the reduction of the principal, and the 
 revenue, except so much as may be derived from a tax on tobacco and 
 liquors, be raised by duties upon importations, the duties of which 
 should be so adjusted as to aid in securing remunerative wages to labor, 
 and promote the industries, growth, aud prosperity of the whole coun- 
 try. 
 
 Eighth : We hold in undying honor the soldiers and sailors whose 
 valor saved the Union ; their pensions are a sacred debt of the nation, 
 and the widows and orphans of those who die for their country are en- 
 titled to the care of a generous and grateful people. We favor such 
 additional legislation as will extend the bounty of the government to 
 all our soldiers and sailors who were honorably discharged, and who in 
 the line of duty became disabled, without regard to the length of service 
 or the cause of such discharge. 
 
 Ninth: The doctrine of Great Britain and other European powers 
 concerning allegiance — " Once a subject always a subject" — having 
 atlast, through theefi'orts of the Republican party, been abandoned, and 
 the American idea of the individual's right to transfer his allegiance 
 
COKSTITUTIONAL HISTORY OF UNITED STATES. 243 
 
 having 1)6611 accepted by European nations, it is the duty ot our govern- 
 ment to guard with jealous care the rights of adopted citizens against the 
 assumption of unautliorized claims by their former government ; and we 
 urge the continual and careful encouragement and protection of vol- 
 untary immigration. 
 
 Tenth: The franking privilege ought to be abolished, and the way 
 prepared for a speedy reduction in the rate of postage. 
 
 Eleventh : Among the questions which press for attention is that which 
 concerns the relations of capital and labor, and the Republican party 
 recognize the duty of so shaping legislation as to secure full protection 
 and the amplest field for capital, and for labor the creator of capital, 
 the largest opportunities, and a just share of the mutual profits of these 
 two great servants of civilization. 
 
 Twelfth: We hold that Congress and the President have only ful- - 
 filled an imperative duty in their measures for suppression of violent 
 and treasonable organizations in certain lately rebellious regions, and 
 for the protection of the ballot-bos, and therefore they are entitled to 
 the thanks of the nation. 
 
 Tliirteenth, : We denounce repudiation of the public debt in any form 
 or disguise 'as a national crime. We witness with pride the reduction 
 of the principal of the debt and ofthe rates ofinterest upon the balance, 
 and confidently expect that our excellent national currency will be 
 perfected by a speedy resumption of specie payments. 
 
 Fourteenth : The Eepublican party is mindful of its obligation to the 
 loyal women of America, for their noble devotion to the cause of free- 
 dom. Their admission to wider fields of usefulness is received with 
 satisfaction, and the honest demands of any class of citizens for addi- 
 tional rights should be treated with respectful consideration. 
 
 Fifteenth: We heartily approve the action of Congress in extending 
 amnesty to those lately in rebellion, and rejoice in the growth of peace 
 and fraternal feeling throughout the land. 
 
 Sixteenth: The Republican party propose to respect the rights re- 
 served by the people to themselves as carefully as the powers delegat- 
 ed by them to the state and to the federal government. It disapproves 
 of the resort to unconstitutional laws for the purpose of removing 
 evils by the people to either the State or national government. 
 
 Seventeenth: It is the duty ofthe general government to adopt such 
 measures as will tend to encourage American commerce and ship- 
 ing. 
 
 Eighteenth : We believe that the modest patriotism, the earnest pur- 
 pose, interference with rights not surrendered by the sound judgement, 
 the practical wisdom, the incorruptible integrity and the illustrious 
 services of Ulysses S. Grant have commended him to the heart of the 
 American people, and with him at our head we start to-day upon a 
 new march to victory. 
 
244 CIVIL GOVERNMENT OF THE STATES. 
 
 THE OEIGINAIi 
 
 ARTICLES OF CONFEDERATION. 
 
 TO ALL TO "VVHOlvr THESE PRESENTS SHALL COME. 
 
 We, fhe undersigned Delegates of the States affixed to our Names send 
 greeting. 
 WHEREAS the Delegates of the United States of America in Con- 
 gress assemhled, did, on the fifteenth Day of November, in the Year 
 of our Lord one thousand seven hundred and seventy-seven, and in 
 the second Year of the Independence of America, agree to certain 
 Articles of Confederation and perpetual Union between the States of 
 New Hampshire, Massachusetts Bay, Rhode Island and Providence 
 Plantations, Connecticut, New York, New Jersey, Pennsylvania, Del- 
 aware, Maryland, Virginia, North Carolina, South Carolina and Greorgla, 
 in the Words following, viz : — 
 
 Articles of confederation and perpetualUnion between the States of J!few 
 Hampshire, Massachusetts Bay, Bhode Island and Providence Plan- 
 tations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, North Carolina, South Carolina and Georgia. 
 ARTICLE I. The Style of this Confederacy shall be "The United 
 States of America." 
 
 ART. II. Each State retains its Sovereignty, Freedom, and Inde- 
 pendence, and every Power, Jurisdiction, and Ilight, which is not by 
 this Confederation expressly delegated to the United States in Con- 
 gress assembled. 
 
 ART. III. The said States hereby severally enter into a firm 
 League of Friendship with each other, for their common Defence, the 
 Security of their Liberties, and their mutual and general Welfare ; 
 binding themselves to assist each other, against all Force offered to, or 
 Attacks made upon them, or any of them, on Account of Religion, Sov- 
 ereignty, Trade, or any other Pretence whatever. 
 
 ART. IV. The better to secure and perpetuate mutual Friendship 
 and Intercourse among the People of the different States in this Union, 
 the free Inhabitants of each of these States, Paupers, Vagabonds, and 
 Fugitives from Justice excepted, shall be entitled to all Privileges and 
 immunities of citizens in the several States ; and the People of each 
 State shall have free Ingress and Regress to and from any other State, 
 and shall enjoy therein all the Privileges of Trade and Commerce, sub- 
 ject to the same Duties, Impositions, and Restrictions as the Inhabi- 
 tants thereof respectively, provided that such Restrictions shall not ex- 
 tend so far as to prevent the Removal 'of Property imported into any 
 State, to any other State of which the Owner is an Inhabitant ; pro- 
 vided also, that no Imposition, Duties, or Restriction shall be laid by 
 any State, on the Property of the United States, or either of them. 
 
 If any Person guilty of, or charged with Treason, Felony, or 
 other high Misdemeanor in any State, shall flee from Justice, and be 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 245 
 
 round in any of the United States, he shall, upon Demand of the Gov- 
 ernment or executive Power of the State from which he fled, be deliv- 
 ered up and removed to the State having Jurisdiction of his Offence. 
 
 FuU Faith and Credit shall be given in each of these States to the 
 Kecords, Acts and Judicial Proceedings of the Courts and Magistrates 
 of every other State, 
 
 ART. V. For the more convenient Management of the general In- 
 terests of the United States, Delegates shall-be annually appointed, in 
 such Manner as the Legislature of each State shall direct, to meet in 
 Congress on the first Monday in November, in every Year ; with a 
 Power reserved to each State, to recal its Delegates, or any of them, at 
 any Time within the Year, and to send others in their Stead, for the 
 Remainder of the Year. 
 
 No State shall be represented in Congress by less than two, nor by 
 more than seven Members ; and no Person shall be capable of being a 
 Delegate for more than three Years in any Term of six Years ; nor 
 shall any Person, being a Delegate, be capable of holding any Offtce 
 under the United States, for which he, or another for his Benefit, re- 
 ceives Salary, Fees, or Emolument of any Kind. 
 
 Each State shall maintain its own Delegates in a Meeting of the 
 States, and while they act as Members of the Committee of the States. 
 
 In determining Questions in the United States, in Congress assem- 
 bled, each State shall have one "Vote. 
 
 Freedom of Speech and Debate in Congress shall not be impeached or 
 questioned ia any Court, or Place out of Congress, and the Members of 
 Congress shall be protected in their Persons from Arrests and Impris- 
 onments, during the Time of their going to, and from, and attendance 
 on Congress, except for Treason, Felony, or Breach of the Peace. 
 
 ART. "VI. No State, without the Consent of the United States in 
 Congress assembled, shall send any Embassy to, or receive any Em- 
 bassy from, or enter into any Conference, Agreement, Alliance, or 
 Treaty with any King, Prince, or State ; nor shall any Person holding 
 any Ofi&ce of Profit or Trust under the United States, or any of them 
 accept of any Present, Emolument, Office, or Title of any Kind what- 
 ever from any King, Prince, or foreign State ; nor shall the United 
 States in Congress assembled, or any of them, grant any Title of No- 
 bility. 
 
 No two or more States shall enter into any Treaty, Confederation, 
 or Alliance whatever between them, without the Consent of the United 
 States in Congress assembled, specifying accurately the Purposes for 
 which the same is to be entered into, and how long it shall continue. 
 
 No State shall lay any Imposts or Duties, which may interfere with 
 any Stipulations in Treaties, entered into by the United States in Con- 
 gress assembled, with any King, Prince, or State, in pursuance of any 
 Treaties already proposed by Congress, to the Courts of France and 
 Spain. 
 
 No Vessels of War shall be kept up in Time of Peace by any State, ex- 
 cept such Number only, as shall be deemed necessary by the United 
 States in Congress assembled, for the Defence of such State, or its 
 Trade; nor shall any Body of Forces be kept up by any State, in 
 Time of Peace, except such Number only, as in the Judgment of the 
 United States, in Congress assembled, shall be deemed requisite to gar- 
 rison the Forts necessary for the Defence of such State ; but every 
 State shall always keep up a well-regulated and disciplined Militia, 
 
246 CIVIL GOVERNMENT OF THE STATES. 
 
 sufficiently armed and accoutred and shall provide and constantly 
 have ready for Use, in public Stores, a due Number of Fieldpieces and 
 Tents, and a proper Quantity of Arms, Ammunition and Camp-equip- 
 age. 
 
 No State shall engage in any War without the Consent of the United 
 States in Congress assembled, unless such State be actually invaded by 
 Enemies, or shall have received certain Advice of a Resolution being 
 formed by some Nation of Indians to invade such State, and the Dan- 
 ger is so imminent as not to admit of a Delay, till the United States in 
 Congress assembled can be consulted : nor shall any State grant Com- 
 missions to any Ships or Vessels of War, nor Letters of Marque or Re- 
 prisal, except it be after a Declaration of War by the United States in 
 Congress assembled, and then only against the Kingdom or State and 
 the Subjects thereof, against which War has been so declared, and un- 
 der such Regulations as shall be established by the United States in 
 Congress assembled ; unless such State be infested by Pirates, in which 
 Case Vessels of War may be fitted out for that Occasion, and kept so 
 long as the Danger shall continue, or until the United States in Con- 
 gress assembled shall determine otherwise. 
 
 ART. VII. When land Forces are raised by any State for the Com- 
 mon Defense, all Officers of or under the Rank of Colonel shall be ap- 
 pointed by the Legislature of each State respectively, by whom such 
 Forces shall be raised, or in such Manner as such State shall direct; 
 and all Vacancies shall be filled up by the State which first made the 
 Appointment. 
 
 ART. VIII. All Charges of War, and all other Expenses that shall 
 be incurred for the common Defence or general Welfare, and allowed 
 ' by the United States in Congress assembled, shall be defrayed out of a 
 common Treasury, which shall be supplied by the several States, in 
 Proportion to the Value of all Land within each State, granted to or 
 surveyed for any Person, as such Land and the Buildings and Im- 
 provements thereon shall be estimated, according to such Mode as the 
 United States in Congress assembled shall from Time to Time direct 
 and appoint. 
 
 The Taxes for paying that Proportion shall be laid and levied by the 
 Authority and Direction of the Legislature of the several States, within 
 the Time agreed upon by the United States in Congress assembled. 
 
 ART. IX. The United States in Congress assembled shall have the 
 sole and exclusive Right and Power of determining on Peace and War, 
 except in the Cases mentioned in the sixth Article — of sending and re- 
 ceiving Ambassadors — entering into Treaties and Alliances, provided 
 that no Treaty of Commerce shall be made, whereby the Legislative 
 Power of the respective States shall be restrained from imposing such 
 Imposts and Duties on Foreigners, as their own People are subjected 
 to, or from prohibiting the Exportation or Importation of any Species 
 of Goods or Commodities whatsoever — of establishing Rules for decid- 
 ing, in all Cases, what Captures on Land or Water shall be legal, and 
 in what Manner Prizes taken by land or naval Forces in the Service of 
 the United States shall be divided or appropriated — of granting Let- 
 ters of Marque and Reprisal in Times of Peace — appointing Courts for 
 the Trial of Piracies and Felonies committed on the high Seas — and 
 establishing Courts for receiving and determining finally Appeals in all 
 Cases of Captures, provided that no Member of Congress shall be ap- 
 pointed a Judge of any of the said Courts. 
 
CONSTITUTIONAL HISTORY OP UNITED STATES. 247 
 
 The United States in Congress assembled shall also be the last Re- 
 sort on Appeal in aU Disputes and Differences now subsisting, or that 
 hereafter may arise between two or more States, concerning Bound- 
 ary, Jurisdiction, or any other Cause whatever ; which Authority shall 
 always be exercised in the Manner following. Whenever the legisla- 
 tive or executive Authority, or lawful Agent of any State in contro- 
 versy with another, shall present a Petition to Congress, stating the Mat- 
 ter in Question, and praying for a Hearing, Notice thereof shall be 
 given by Order of Congress to the legislative or executive Authority of 
 the other State in Controversy, and a Day assigned for the Appearance 
 of the Parties by their lawful Agents, who shall then be directed to ap- 
 point, by joint Consent, Commissioners or Judges to constitute a Court 
 for hearing and determining the Matter in Question j but if they can- 
 not agree. Congress shall name three Persons out of each of the United 
 States, and from the List of such Persons each Party shall alternately 
 strike out one, the Petitioners beginning, until the Number shall be so 
 reduced to thirteen ; and from that Number not less than seven, nor 
 more than nine Names, as Congress shall direct, shall in the Presence of 
 Congress be drawn by Lot, and the Persons whose Names shall be 
 drawn, or any five of them, shall be Commissioners or Judges, to hear 
 and finally determine the Controversy, so always as a major Part of 
 the Judges who shall hear the Cause shall agree in the Determination : 
 and if either Party shall neglect to attend at the Day appointed, with- 
 out showing Reasons which Congress shall judge sufficient, or being 
 present shall refuse to strike, the Congress shall proceed to nominate 
 three Persons out of each State, and the Secretary of Congress shall 
 strike in behalf of such Party absent or refusing ; and the Judgment 
 and the Sentence of the Court to be appointed, in. the Manner before 
 prescribed, shall be final and conclusive ; and if any of the Parties shall 
 refuse to submit to the Authority of such Court, or to appear or defend 
 their Claim or Cause, the Court shall nevertheless proceed to pro- 
 nounce Sentence, or Judgment, which shall in like Manner be final and 
 decisive ; the Judgment or Sentence and other Proceedings being in 
 either Case transmitted to Congress, and lodged among the Acts of Con- 
 gress, for the Security of the Parties concerned : provided that every 
 Commissioner, before he sits in Judgment, shall take an Oath, to be 
 administered by one of the Judges of the Supreme or Superior Court of 
 the State where the Cause shall be tried, " well and truly to hear and de- 
 termine the Matter in Question, according to the best of his Judgment, 
 without Favm; Affection, or Hope of Beward;" provided also that no 
 State shall be deprived of Territory for the benefit of the United 
 States. 
 
 All Controversies concerning the private Right of Soil .claimed under 
 different Grants of two or more states whose Jurisdictions, as they 
 may respect such Lands, and the States which passed such Grants 
 are adjusted, the said Grants or either of them being at the same Time 
 claimed to have originated antecedent to such Settlement of Jurisdic- 
 tion, shall, on the Petition of either party to the Congress of the United 
 States, be finally determined as near as may be in the same Manner as 
 is before prescribed for deciding Disputes respecting territorial Juris- 
 diction between different States. 
 
 The United States in Congress assembled shall also have the sole and 
 exclusive Right and Power of regulating the AUoy and "Value of Coin 
 struck by their own Authority, or by that of the respective States— fix- 
 
248 CIVIL GOVERNMENT OF THE STATES. 
 
 ing the Standard of "Weights and Measures throughout the United States 
 — regulating the Trade and managing all Affairs with the Indians, not 
 Members of any of the States, provided that the legislative Eight of any 
 State within its own Limits be not infringed or violated— establishing 
 and regulating Post-Ofilces from one State to another, throughout all 
 the United States, and exacting such Postage on the Papers passing 
 through the same as may be requisite to defray the Expenses of the said 
 Office— appointing all Ofl&cers of the land Forces, in the Service of the 
 United States, excepting regimental Oflflcers— appointing all the Officers 
 of the naval Forces, and commissioning all OflEicers whatever in the Ser- 
 vice of the United States — making Rules for the Government and Eeg- 
 ulation of the said land and naval Forces, and directing their Opera- 
 tions. 
 
 The United States in Congress assembled shall have Authority to ap- 
 point a Committee, to sit in the Kecess of Congress, to be denominated 
 "a Committee of the States," and to consist of one Delegate from each 
 State ; and to appoint such other Committees and civil Officers as may be 
 necessary for managing the general affairs of the UnitedStatesundertheir 
 direction to appoint one of their Number to preside, provided that no 
 Person be allowed to serve in the Office of President more than one year 
 in any term of three Years ; to ascertain the necessary Sums of Money to 
 be raised for the Service of the United States, and to appropriate and ap- 
 ply the same for defraying the public Expenses— to borrow Money,or emit 
 Bills on the credit of the United States, transmitting every half Year to 
 the respective States an Account of the sums of Money so borrowed or emit- 
 ted — to build and equip a Navy — to agree upon the Number of land 
 Forces, and to make Requisitions from each State for its Quota, in pro- 
 portion to the Number of white Inhabitants in such State ; which Re- 
 quisitions shallbe binding, and thereupon the Legislature of each State 
 shall appoint the regimental officers, raise the Men, and clothe, arm, 
 and equip them in a soldier-like Manner, at the expense of the United 
 States ; and the officers and Men so clothed, armed and equipped, shall 
 march to the Place appointed and within the Time agreed on by the 
 United States in Congress assembled ; but if the United States in Con- 
 gress assembled shall, on consideration of circumstances, judge proper 
 that any State should not raise men or should raise a smaller number 
 than its Quota and that any other State should raise a greater Number 
 of Men than the Quota thereof, such extra Number shall, be raised, 
 officered, clothed, armed, and equipped in the same Manner as the 
 Quota of such State, unless the Legislature of such State shall judge 
 that such extra Number cannot be safely spared out of the Same, in 
 which Case they shall raise, officer, clothe, arm, and equip as many 
 of such extra Number as they judge can be safely spared. And 
 the Officers and Men so clothed, armed and equipped shall march to 
 the place appointed, and within the Time agreed on by the United 
 States in Congress assembled. 
 
 The United States in Congress assembled shall never engage in a 
 War, nor grant Letters of Marque and Reprisal in Time of Peace, nor 
 enter into Treaties or Alliances, nor coin Money, nor regulate the Value 
 thereof, nor ascertain the Sums and Expenses necessary for the Defence 
 and "Welfare of the United States, or any of them, nor emit Bills, nor 
 borrow Money on the Credit of the United States, nor appropriate 
 Money, nor agree upon the Number of Vessels of War, to be built or 
 purchased., or the Number of land or sea Forces to be raised nor 
 
CONSTITUTIONAL HISTOKr OF UNITED STATES. 249 
 
 appoint a Commander in chief of the Army or Navy, unless nine States 
 assent to the same, nor shall a Question on any other point, except for 
 adjourning from Day to Day bedetermined, unless by the Votes „of 
 a Minority of the United States in Congress assembled. 
 
 The Congress of the United States shall have Power to Adjourn to any 
 Time •within the Year, and to any place within the United States so that 
 no Period of Adjournment be for a longer Duration than the Space of 
 six Months ; and shall publish the Journal of their Proceedings Monthly, 
 except such parts thereof relating to Treaties, Alliances, or Military 
 Operations, as in their Judgment require Secrecy ; and Yeas and Naya 
 of the Delegates of each State on any Question shall be entered on 
 the Journal, when it is desired by any Delegate ; and the Delegates of 
 a State, or any of them, at his or their Eequest, shaU be furnished 
 with a Transcript of the said Journal, except such Parts as are above 
 excepted, to lay before the Legislature of the several States. 
 
 ART. X. The Committee of the States, or any nine of them, shall be 
 authorized to execute, in the Recess of Congress, such of the Powers of 
 Congress as the United States in Congress assembled, by the Consent of 
 niue States shall from Time to Time think expedient to vest them with; 
 provided that no Power be delegated to the said Committee, for the 
 Exercise of which, by the Articles of Confederation, the Voice of nine 
 States in the Congress of the Untited Sates assembled is requisite. 
 
 ART, XL Canada acceding to this Confederation, and joining in the 
 Measures of the United States, shall be admitted into and entitled to 
 all the Advantages of this Uuion; but no other Colony shall be admit- 
 ted into the Same, unless such Admission be agreed to by n ine States. 
 
 ART. XII. All Bills of Credit emitted, Moneys borrowed, and Debts 
 contracted by,or under the Authority of Congress, before the Assembling 
 of the United States, in pursuance of present Confederation, shall be 
 deemed and considered as a Charge against the United States for Pay- 
 ment and Satisfaction whereof, the said United States, and the Public 
 Faith are hereby solemnly pledged. 
 
 ART. XIII. Every State shall abide by the Determinations of the 
 United States in Congress assembled on all Questions which by this 
 Confederation are submitted to them. And the Articles of this Con- 
 federation shall be inviolably observed by every State, and the Union 
 shall be perpetual; nor shall any Alteration at any Time hereafter be 
 made in any of them, unless such Alteration be agreed to by a Congress 
 of the United States, and be afterwards confirmed by the Legislatures 
 of every State. 
 
 And whereas it hath pleased the great Governor of the World to in- 
 cline the Hearts of the Legislatures we respectively represent in Con- 
 gress to approve of and to authorize us to ratify the said Articles of 
 Confederation and perpetual Union ; Know ye, that we, the under- 
 signed Delegates, by virtue of the Power and Authority to us given for 
 that Purpose, do by these Presents, in the Name and inbehalf of our re- 
 spective Constituents fully and entirely ratify and confirm each and 
 every of the said Articles of Confederation and perpetual Union and 
 all and singular the Matters and Things therein contained: a,nd 
 we do further solemnly plight and engage the Faith of our respective 
 Constituents, that they shall abide by the Determinations of the 
 United States in Congress assembled, on all Questions which by the 
 said Confederation are submitted to them : and that the Articles there- 
 
S50 CtVIL GOVERNMENT OF THE STATES. 
 
 of shall be inviolably observed by the States -we respectively repre- 
 sent, and that the Union shall be perpetual. 
 
 In witness whereof, we have hereunto set our Hands in Congress. 
 Done at Philadelphia in the State of Pennsylvania, the ninth Day of 
 July in the Year of our Lord one thousand seven hundred and seventy 
 eight, and in the third Year of the Independence of America. 
 
 On the Part and Behalf of the State ofNeio Sampshire. 
 
 JOSIAH BAETLETT, JOHN IVENTWOETH, Jun., August 8, 1778. 
 
 On the Part and Behalf of the State of Massachusetts Bay. 
 
 JOHN HANNOCK, ELBRIDGE GEEEY, JAMES LOVELL, 
 
 SAMUEL ADAMS, FEANCIS DANA, SAMUEL HOLTEN. 
 
 On the Part and Belialfof the State of P. I., and Providence Plantations. 
 
 WILLIAM ELLEEY, HENEY MAECHANT, JOHN COLLINS. 
 
 On the Part and Behalf of the State of Connecticut. 
 
 EOGEE SHERMAN, OLIVEE WOLCOTT, ANDEEW ADAMS. 
 
 SAMUEL HUNTINGTON, TITUS HOSMER, 
 
 On the Part and BeJialf of the State of New YorTc. 
 
 JAS. DUANE, FRA. LEWIS, WM. DUER, GOUV. MORRIS. 
 
 On the Part and Behalf of the State of New Jersey. 
 
 JNO. WITHEESPOON, Not. 26, 1778. NATH SCUDDEE, do. 
 
 On the Part and Behalf of the State of Pennsylvania. 
 
 EOBT. MOEEIS, JONA. BAYAED SMITH, JOS, EEED, 224 July, 1778. 
 
 DANIEL EOBEEDEAU, WILLIAM CLINGAN. 
 
 On the Part and Behalf of the State of Delaware. 
 
 THOS. M'KEAN, Feb. 13, 1779 NICHOLAS VAif DYKE. 
 
 JOHN DICKINSON, May Stir, 1779 
 
 On the Part and Behalf of the State of Maryland. 
 JOHN HANSON, March 1, 1781. DANIEL CAEEOLL, do. 
 
 On the Part and Behalf of the State of Virginia. 
 
 EICHAED HENEY LEE, THOMAS ADAMS, FEANCIS LIGHTFOOT LEE. 
 JOHN BANISTEE, JNO. HARVIE, 
 
 On the Part and Behalf of the State of North Carolina. 
 
 JOHN PENN, July 21st, 1778. CORNS. HAENETT, JNO. WILLIAMS. 
 
 On the Part and Behalf of the State of South Carolina. 
 
 HENEY LAUEENS, JNO. MATHEWS, THOMAS HEYWAED, Jim. 
 
 WILLIAM HENEY DRAYTON, EICHAED HUTSON. 
 
 On the Part and Behalf of the State of Georgia. 
 
 JNO. WALTON, 24tli July, 1778. EDWD. TELFAIE, EDW. LANGWOETHY. 
 
 [Note.— From the circumBtance of delegates from the same state having signed the 
 Articles of Confederation at different times, as appears hy the dates. It is probable 
 they affixed their names as they happened to be present in Congress, after they had 
 been authorized by their constituents^] 
 
CONSTITUTIONAL HISTORY OF UNITED STATES. 25l 
 
 UNITED STATES GOVEENMENT. 
 
 December 20. 1874. 
 
 THE EXECUTIVE. 
 
 SSSI^J^^w^rV^S^^',"/ ^'"10's, President of the United Slates Salary $50,000 
 
 HENEY WILSON, o£ Massachusetts, Yice-President of the TTnited States. _" 10,000 
 
 THE CABINET. 
 
 HAMILTON PISH, of New York, Secretary of State Salary 810 000 
 
 BENJAMIN H. BEISTOW, of Kentucky, Secretary of the Treasimi " 8 000 
 
 WILLIAM W. BELKNAP, of Iowa, Secretary of War... .. •" . 
 
 GEORGE M. ROBESON, of New Jersey, Secretary of the Navy 
 
 COLUMBUS DELANO, of Ohio, Secretary of the Interior. 
 
 EDWARD PIERREPONT, of New York, Attorney-General "" ,„ „„„ 
 
 MARSHALL JEWELL, of Connecticut, Postmaster-General « lojooo 
 
 10,000 
 10,000 
 10,000 
 10,000 
 
 THE JUDICIAET. 
 
 SJTPREMB COVBT OF TSB UNITED STATES. 
 
 MORRISON R. WAITE, of Ohio, Chief Justice " . .'T: . . .Salary $10,600 
 
 Nathan CLiFFOED,of Maine, Ass., Justice. Stephen J. Field, of Cal., Ass., Justice. 
 Noah H. Swayne, of Ohio, " " William M. Strong, of Pa., " " 
 
 Sajiuel F. Miller, of Iowa, " " JosErH P. Bradley, of N. J., " " 
 
 David Davis, of Illinois, " " Ward Hunt, of N. Y., " " 
 
 Salary of Associate Justices, $10,000. ; Court meets first Monday in Deo. at Washington.' 
 
 MINISTEES TO.FOREIGIf.OOUNTKIES. 
 
 ENVOYS EXTRA ORDmABY'^ANDMINiSTERS^PLElTip'OTENTIAItY, 
 
 Country. Capital. iMinistersJ Salary. Appointed^ 
 
 Anstrla^Hungary Vienna rr.-. John" Jay,' N^Y^T^r^.- -rrrrr. .. $12,000. ?t^.l868 
 
 Brazil Rio Janeiro. ..:. James R. Partridge, Md.:.. 12,000 1871 1 
 
 Chili Santiago .':...Corneliu8 A. Logan, Kansas...": 10,000 1873, 
 
 Chma Pekin ;.;.".. .Benjamin P. Avery, Cal 7> 12,000 1874 
 
 France Paris .......... r..EIihu B. Washhurne, I11.;tV"..:T 17,500... 1869 
 
 Great Britain London. . .■-. .".'.: . .Robert C. Schenck, Ohio. ~ '?'.':. . 17,500 1870 
 
 Italy Rome '.".'::. . .George P. Marsh, Vt. . .-y.'ryf^':. . 12.000 I86II 
 
 Japan Yedo =. ...."..John A. Bingham, Ohio.rr??"-. 12,000 1873: 
 
 Mexico Mexico .John W. Foster, Indiana.-.":Tr: . . 12,000 1873 ' 
 
 Peru Lima .Francis Thomas, Md ■vm.":. . 10,000 1872 
 
 Germany Berlin J. C. Bancroft Davis, Mass. .'.".. 17,500 1874 
 
 Russia St. Petersburg .•.".-. 7":v. : . .':r. . 17,500 ""-J 
 
 Spain Madrid Caleb CusMng, Va.: . T7:^^ . . ..12.000. . . .1874' 
 
 MINISTERS RESIDENT.\^ 
 
 Argentine Republic Buenos Ayres. . .Thomas O. OsbornTlU. rrr;ir7^600.Tr'.1874 
 
 Belgium Brussels J. Eussell Jones, 111. . . r" .".T. . .7 7,500. . . .1869 
 
 Boliva La Paz Robert M. Reynolds, Ala 7,500 1874 
 
 Cent. American States.... San Jose George Williamson, La 10,000 1873 
 
 Denmark Copenhagen M. J. Cramer, Ky 7,500. . . .1870 
 
 Ecuador Quito •'• 7,600 ' 
 
 Greece Athens J. Meredith Read, Pa 7,500 1873 
 
 Hawaiian Islands Honolulu Henry A. Peirce, Mass 7,600. . . .1869 
 
 Netherlands Hague Chas. T. Gorham, Mich 7,500. ...1870 
 
 Portugal Lisbon Benjamin Moran 7,600 1874 
 
 Sweden and Norway Stockholm C. C. Andrews, Minn 7,600 1869 
 
 Switzerland Berne Horace Rublee, Wis 7,500. ...1869 
 
 Turkey Constantinople . George H. Boker, Penn 7,500 1870 
 
 Uruguay & Paraguay Montevideo John C. Caldwell, Me 10,000 — 1874 
 
 U. S. of Columbia Bogota Wm. L. Scruggs, Ga 7,500. . . .1873 
 
 Venezuela Caracas Thomas Eussell, Mass 7,500 1874 
 
 MINISTERS RESIDENT AND CONSULS GENERAL. 
 
 Hayti. .." Port-au-Prlnce. E. D. Bassett, Pa 7,600. ...1869 
 
 Liberia Monrovia J. Milton Turner, Mo 4,000.... 1871 
 
CIVIL GOVEENMENT OP THE STATES. 
 
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CONSTIXUTIONAL HISTOET OF UNITED STATES. 
 
 253 
 
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254 
 
 CIVIL GOVERKMENT OF THE STATES. 
 
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