ARTICLE ffll FROM THE New Orleans Bee of August 20/71, ON THE Political .S$itnation, BY R. HUTCHESON, Esq. Me?nber of the A'ew Orleans 'Bar NEW ORLEANS. PIUNTED AT THE PELICAN BOOK AND JOB PRINTING OFFICK, 1871. " It is a paper of rare ability and force, giving evi- dence of a clear and vigorous mind." Senator Schurz speech at Nashville, Sept. 20, 1S71. ARTICLE FROM THE New Orleans Bee of August 20, 1871, ON THE AS ORIGINALLY WRITTEN BY Ifc. HUTCHESON, Esq. Member of the New Orleans Bar. NEW ORLEANS, LA. : PRINTED AT THE PELICAN BOOK AND JOB PRINTING OFFICE. 1871. G*S TV THE POLITICAL SITUATION: DUTY OF THE SOUTH. To the Editor of the New Orleans Bee : Our many private discussions of political questions, in which we have widely differed, especially as to the prop- er policy for the Democratic party to adopt at the pres- ent time, will, I trust, authorize me to ask a public hear- ing of the views which I entertain through the columns of your influential and extensively read journal. Two facts, it seems to me, are apparent in the present political condition of the country. One is that the Re- publican party does not seem disposed to deal in the right spirit with the questions particularly affecting the South, and is not taking a course calculated to bring about a speedy reconciliation; nor does it show a disposition to effect those reforms which the people are demanding. This party seems to rely for success more upon its past record, than because it addresses itself in the right spirit to existing questions. It continues to contrast its popu- lar record of the past with the unpopular record of its opponents, who still foolishly persist in remaining in the field, and it expects to maintain its ascendency by the usual appeals to the passions which unfortunately have survived the war, and by exciting the fears of the people of reactionary measures by the Democracy in case of their success. Their capital is also largely augmented by the stupid blundering of the Western Democracy upon the financial questions. The other fact is, that the party in power in many of the States, has been weakened by internal dissensions, by a general failure to meet public expectation, and by the corruption which overtakes all parties, and could be easily overthrown and its rule ended, if all the elements opposed to it could be united and rallied on some feasible plan of opposition in the next Presidential contest. ( 2 ) The Practical Question of the Day. The practical question of the day, especially fur the South which is the greatest sufferer, therefore, is, how can this be done? Ami as the main strength of the pro- posed opposition must I'" made iipofold democrats, this question addresses itself mosl directly t<> the Democratic party. Thequestion is not without its difficulties and em- barrassments, and I approach its discussion with thai deli- cacy and deference to the judgments of others which its importance demands. It must be admitted that the prospect for success for some sort of opposition is not only fair, but pretty cer- tain. The evidence of it may be seen in what hasoccured in the State of Missouri under the lead of Carl Schurz and Gratz Brown; in the successful coalition of liberal repub- licans and democrats in Virginia two years ago; in the late political revolution in New Hampshire: ami striking- ly in the success of the Citizens' Ticket in the more re- cent municipal election in Charleston S. C. While the meaning of all this seems plain, and fur- nishes irresistible evidence of the existance of abundant material to make up a successful party opposition in the hands of sagacious and practical managers, a sort of po- litical demurrer is put in, ami the question is presented, what is success without some principle in view or what is success at the sacrifice of principles always heretofore maintained by the Democratic party'.' So that in the face of an enemy weakened by its dis- sensions, we find ourselves distracted by the opposing counsels of the men of principle so called, and the men (if policy in our own party, and as yet nothing has been proposed which promises successfully to harmonize the party, much less to unite all the elements of opposition. There are men in the Democractic party. North and South who argue that the war has settled Qothing of principle, and who therefore propose to accept no result of a political nature as final, but who believe it to be the duty of the Democratic party to preserve its organization, to continue to contend for the long recognized principles of the party, until the people shall take a second thought ( 3 ) and place that party and its principles again in the as- cendant. They say that this is a government of the peo- ple who are capable of reasoning, and discriminating in judgment, and who will, when passion and prejudice shall have yielded to calmer counsels, be impressed at last with the truth of democratic principles and come to adopt them. These men are not at all insignificant in numbers or standing, but embrace some of the best minds, followed by a large body of the Democratic party. Of course they reject the New Departure, so called, and refuse all affili- ation with Republicans. They will insist in the coming campaign as in all previous ones upon a repetition of the - venerable principles of the party, with candidates of the clearest democratic record, trusting to time and perse- veranc3 for ultimate popular sanction. WHAT THE WAR HAS SETTLED. For these doctrinaires of the party, I entertain the highest respect, having always been one of them, and I would defer largely to men with whom I have been in the habit of thinking : but in the present emergency of the country I am fully persuaded in my own mind that their advice ought not to be followed. It has indeed seemed to me surprising that men of such distinguished ability and learning should have failed to appreciate in its full significance the effect of the late war. It is a very superficial view of it to say that it was the suppression of a rebellion, and the rebellion having been suppressed, the States remained in their former relations to the Union, as interpreted by States Rights Democrats, with all their former powers unimpaired. It was not a rebellion or an insurrection, but the with- drawal of Suvereign States from a Union which they had voluntarily entered, acting not as a rebellious or in- surrectionary force, but as organized political communi- ties in their sovereign capacity, and claiming the right to withdraw as resulting from the nature of the compact, as freely to be used in secession as in accession. I I ) The country had always 1 n divided into two schools of interpretation ; the school of Jefferson, who maintained the ill 'v of Confederation or States (lights, with the remedies "I nullification and secession for State wrongs ; and the school of Hamilton or Federalism, which insisted upon the opposite theory of the social compact among all the people within the jurisdiction of the United States or n single political community, or body politic, divided into States only as State- are divided into counties, constituting a paramount government of the Union in which the majority has the right to rule and thai if the minority complains, it has not the right of nullification, or secession by States, but must seek redress in the Courts, or be driven into revolution. In other words, one school held that sovereignty resided in the people of the States separately c msidered, and the other held that the sovereignty resided in the people of the United States, considered as a whole. The irreconcilable antagonism between these opposing schools of the const met ion of the Constitution of the Uni- ted States was really at the bottom of the late conflict. The acts of secession were occasions rather than causes. The argument had been exhausted, and the followers of these respective schools stood to their arms to determine whichshould prevail in the last greal arbitrament. The war was therefore primarily to determine what had always been a matter of dispute: Are we a Nation prupei-. or a Confederation of distincl sovereignties? Alter the adoption of the old Federal Constitution, the apprehensions were that the Federal Government would encroach upon the rights of the States and of the people. Hence the Amendments of 1791 : The IX that. ••The enumeration in the Constitution of certain rights shall not be construed to disparage or deny others retained by t he people." ' And the X. that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the Stale- respectively or to the people." These amendments were the briei expression of the creed of State [lights, placed textually in the old Con- stitution. (5 ) And alongside the text, cut in the tables of the law, were the celebrated Resolutions of 1 798, which constitu- ted the Democratic interpretation of the Constitution from the time of Jefferson, their great author, down to the time of their overthrow by the war. Al the close of the late struggle the design was, among other things, to put to rest this vexed question, and to establish fundamentally in the Constitution the opposite theory of Consolidation. Hence especially the XIV Amendment which should have been the first in order, for the others are only corollaries from it. Admit the full force of the X1Y amendment, and all that its em- braced in the XV amendment would have been proper subjects of Congressional legislation without the last amendment. This XIV Amendment is a synonym of that political theory which was now regarded as victorious, not peaceably as the other amendments had been adopted in L791, but by the fortune of arms, and was so placed in the fundamental law of the nation. This amendment accomplishes a complete revolution in the Federal System. It creates a single body politic of the people of the several States, by making the citizens of the several States citizens of the United States. By the aid of the XV Amendment, it brings them all directly under the para- mount authority of the New Nation for all the purposes of government. Nothing now remains in the wide range of legislation, except what is prohibited by the Constitution, which Congress may not appropriate to itself, and deny to the States, if it sees fit; including suffrage, police or Ku Klux laws, election laws, education, corporations, every thing. In a country so large and diverse in interests, habits and customs as ours. Congress will probably not assume the entire province of legislation, but will defer to the States such exercise of powers as they have here- tofore possessed, for convenience' sake, so long as they may be considered safe depositories ; so that no great change will practically take place in our institutions, but it will not be because anything is left inherent in the States. Nor is it correct to say that it was a "war for the Union." It is from this paradox that most of the confu- (6) sion has arisen since the Weir. It was so called by both Re- publicans and war Democrats. And both sides suffered themselves to be deceived on this point. Afterthe war was over the Republican party from its original stand point under the Crittenden Resolutions were at a loss for principles to apply to the novel condition. They Boon found thai although they had denied the righl of secession, and called the southern movement a "rebellion," they Iia t sincere, hnt have resorted to this as an expedient to obtain power, then the purpose is when power is obtained to proceed to car- ry out the views of the Democracy, as they have been here- tofore held. That is, they will inaugurate such reaction- ary Legislation as will again arouse the suspicions and indig- nation of the win ilc North, and bring down upon the South the evils of renewed agitation of all the old questions: invite more remorseless interference in her local affairs, and perhaps lead to the reductiou of the reconstructed States to permanent military territories, for these gov- ernments are only means to ends, and are -til] under the authority of Congress, Ii might indeed precipitate an- other war, whose consequences would be more disastrous i ban i hose of its predecessor. And why should all this be risked'.' The Northern Leaders might enjoy the spoils of success, but the South would be left to held the hot end of the poker! For it may beset down as a fixed fact that the North under- stands and "accepts the situation" as well as the South. and at the first appearance of reaction or counter-revolu- tion, she will spring forth to resist it. and put it down, in whatever shape it comes. But the effect of the now (9 ) departure will not be to increase the chances of the Dem- ocratic party for power, but rather to reduce them. It will dishearten and demoralize the old ranks of the Democracy, while the moral effect will be to confirm doubtful republicans and add to their ranks fresh recruits. The old Democratic party has survived its day, and should disband. It may readily be deduced from what I have endeav- ored to show r , that the old Democratic party has survived its day. and the sooner it recognizes this fact and acts upon it the better. It should disband at once. It can never again come into powerin this country. This is not a random guess, or a sensational prediction, but a conclu- sion of the mind as certain as any which it is capable of reaching by the process of reasoning upon well known facts. The Democratic party having been identified with the losing side on all the questions put in issue in the late war, and the great mass of the people acquiescing in the re- sults that have been proclaimed, and desiring to rest in the belief that the settlement has been a final one, will naturally and perhaps correctly suspect the Democracy of reactionary purposes, and will refuse to trust them. The Democratic party was the pro-slavery party of the country : it was a secession party, or at least held to thai construction of the Constitution whose logical result was secession, and these great central facts will remain indellibly fixed in the minds of the American people, both white and black. Every confederate may not have been a democrat, but every democrat of prominence in the South, as w 7 ell as the rank and file, were confederates, while the soul of the Northern Democracy was never in the war, but the party there took its stand directly or indirectly in oppo- sition to it. These are facts which have passed into history, and which it is useless to attempt to deny or dis- guise. And no measures it may now propose, as well calculated as they may be to promote the public good, will ever countervail the popular odium into which the ( I") party has fallen. For it may be said of the old Demo- cratic leaders as Thiers has said of the Orleans Princes; "Providence attaches a mysterious fatality to their per- sons." The truth is, that the mission of the old Democratic party ended on thai fata] day when the greal argument was transferred to the battle field. Since thai even! it has been a useless actor on the stage. It should have disappeared with the war by which the old issues have been solved. The country has dow become republican- ized in its essential principles by the war and ii will re- main so. Following the course of the other old parties of the country whose principles have been condemned by the people, the Democratic party must pass away. The old Federal party had to dissolve because of the popular odium which it incured by the support of cer- tain measures. Its principles and measures attached to it the suspicion of aristocracy and monarohy, and not even the popularity of the great Washington, or the genius of Hamilton who belonged to it could save it from disso- lution. Its successor, the Whig party, though successful for a time met the same fate for pretty much the same reasons. The time has now come for the Democratic party to repeat the process and puss to the tomb of the Capulets! Opposition to disbanding the Democratic party may be anticipated from various sources. There are the mal- contents of t lie South, who hope lor a failure of the new order of 1 hings, and who are acting accordingly, who dream the idle dream of a resuscitated old South, and. perhaps of ultimate independence. They desire that the old or- ganization may be saved to be used as an instrument. Then there are the late day enthusiastic Democrats of the North who are vexing the public ear with incoherent twaddle about State Rights, without State remedies, and who. alter doing all they could to kill off the old demo- cratic principles, now stand around the lifeless corpse of the party uttering lugubrious protestations that the Democratic party shall never die! lake the priests of an Eastern superstition, after much incantation and astrolo- gy, they proclaim that none hut democrats must be ( 11 ) elected to office, for that they can settle the whole busi- ness according to the Constitution! Last of all come those political nondescripts who left the Republican pnrty after it had done all that they complain about, and joined the Democracy when they had become powerless to afford a remedy ; men who favored the war but opposed its consequences ; men who joined right lustily in starting the avalanche of revolution, but who now seem to stand appalled at the work of their own hands, and roll up their eyes in hypocritical horror at the sight of the destruction in the valley below. The Principles of Liberty not lost by the change of system. State Rights are gone root and branch, but all is not lost. I mean not the "unconquerable will and study of revenge" ascribed by Milton to the fallen Angels, but every thing remains that should excite the highest aspi- rations of the freeman. The States as political organizations were a means, not an end. They were supposed necessary to fortify and protect certain rights and institutions of the minority, but they never conferred any rights which is not now enjoy- ed by every American Citizen. As a means of interven- tion, the Slates have been overthrown, but the individu- al rights of the citizan, and his protection on life, liberty and property, the great ends of all good government, are the same that they ever were Indeed it may be said that these individual rights are placed on a broader and surer footing than before, because the amendments have not only added to the body politic a vast number who never belonged to it, but they have thrown around all popular rights the sanction and protecting regis of the superior national government. Experience, I think, will demonstrate that liberty is not only possible under the change of theoretical system, but will be shared by a larger number. The only dan- ger of such a system is its natural tendency to imperialism and personal government. To resist this tendency, the union of the good and wise of all sections will be required. ( 12 I id it will be the mission of some Dew party, if the Re- publican party makes default, to do this by insisting up- on tlic noninterference of Congress, or of national major- ities, with the local concerns of the States, or with the rights of minorities. The times seem to demand a par- t\ of this character, and Democrats will naturally take their place in it, because they are jealous of the powers of government, and have always been advocates of strict- construction, local self government, and the rights of individuals. Aii'l it musl no! be forgotten, thai because a party under a certain organization and name passes out of ex- istence, it- principles are nol all lost. It -imply sloughs oft* an .«1