THE RIGHT OF SECESSION

[In Southern Historical Papers, Volume 31, pages 87-88.]

It may not be amiss, however, to call attention to the fact that the North already admits that the people of the 261 South were honest in their contentions, and that they at least thought they were right. Furthermore, it is even conceded that the South was not without great support for its contentions from legal, moral and historical points of view. For instance, Professor Goldwin, of Canada, an Englishman, a distinguished historian, resident of and sympathizing with the North during the civil war, recently said:

Few who have looked into the history can doubt that the Union originally was, and was generally taken by the parties to it to be, a compact; dissoluble, perhaps most of them would have said, at pleasure, dissoluble certainly on breach of the articles of Union.

To the same effect, but in even stronger terms, are the words of Mr. Henry Cabot Lodge, now a Senator from Massachusetts, who said in one of his historic works:

When the Constitution was adopted by the votes of States at Philadelphia, and accepted by the votes of States in popular conventions, it is safe to say that there was not a man in the country from Washington and Hamilton on the one side to George Clinton and George Mason on the other, who regarded the new system as anything but an experiment entered upon by the States and from which each and every State had the right peaceably to withdraw, a right which was very likely to be exercised.

As far back as 1887, General Thomas C. Ewing, of Ohio, said in a speech in New York:

The North craves a living and lasting peace with the South; it also asks no humiliating conditions; it recognizes the fact that the proximate cause of the war was the constitutional question of the right of secession—a question which, until it was settled by the war, had neither a right side nor a wrong side to it. Our forefathers in framing the Constitution purposely left the question unsettled; to have settled it distinctly in the Constitution would have been to prevent the formation of the Union of the thirteen States. They, therefore, committed that question to the future, and the war came on and settled it forever. And, right here, let me say that the South has accepted that settlement in good faith, and will forever abide by it as loyally as the North, although we will never admit that our people were wrong in making the contest.

This question was calmly and logically discussed by Mr. Charles Francis Adams in a late speech delivered in Charleston, S. C., when he said:

When the Federal Constitution was framed and adopted, “an indestructible union of imperishable States,” what was the law of 262 treason, to what or to whom in case of final issue did the average citizen own allegiance? Was it to the Union or to his State? As a practical question, seeing things as they were then—sweeping aside all incontrovertible legal arguments and metaphysical disquisitions—I do not think the answer admits of doubt. If put in 1788, or indeed at any time anterior to 1825, the immediate reply of nine men out of ten in the Northern States, and ninety-nine out of a hundred in the Southern States, would have been that, as between the Union and the State, ultimate allegiance was due to the State.