The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States. / Its Cause, and How It Should Be Met

by Abel D. Streight

“Having in the three last numbers taken a summary review of the principal circumstances and events which depict the genius and fate of other confederate governments, I shall now proceed in the enumeration of the most important of those defects which have hitherto disappointed our hopes from the system established among ourselves. To form a safe and satisfactory judgment of the proper remedy, it is absolutely necessary that we should be well acquainted with the extent and malignity of the disease.

“The next most palpable defect of the existing confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no power to exact obedience, or punish disobedience to their resolutions, either by pecuniary mulcts, by a suspension or divestiture of privileges, or by any other constitutional means. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction, in the face of that part of the second article, by which it is declared, ‘that each State shall retain every power, jurisdiction, and right, not expressly delegated to the United States in Congress assembled.’ The want of such a right involves, no doubt, a striking absurdity, but we are reduced to the dilemma, either of supposing that deficiency, preposterous as it may seem, or of contravening or explaining away a provision, which has been of late a repeated theme of the eulogies of those who oppose the new constitution; and the omission of which, in that plan, has been the subject of much plausible animadversion and severe criticism. If we are unwilling to impair the force of this applauded provision, we shall be obliged to conclude that the United States affords the extraordinary spectacle of a government destitute even of the shadow of constitutional power to enforce the execution of its own laws. It will appear, from the specimens which have been cited, that the American confederacy, in this particular, stands discriminated from every other institution of a similar kind, and exhibits a new and unexampled phenomenon in the political world.

“The want of a mutual guarantee of the State governments, is another capital imperfection in the federal plan. There is nothing of this kind declared in the articles that compose it; and to imply a tacit guarantee from considerations of utility, would be a still more flagrant departure from the clause which has been mentioned, than to imply a tacit power of coercion, from the like consideration. The want of a guarantee, though it might in its consequences endanger the Union, does not so immediately attack its existence, as the want of a constitutional sanction to its laws.

“Without a guarantee, the assistance to be derived from the Union in repelling those domestic dangers, which may sometimes threaten the existence of the State constitutions, must be renounced. Usurpation may rear its crest in each State, and trample upon the liberties of the people, while the national government could legally do nothing more than behold its encroachments with indignation and regret. A successful faction may erect a tyranny on the ruins of order and law, while no succor could constitutionally be afforded by the Union to the friends and supporters of the government. The tempestuous situation, from which Massachusetts has scarcely emerged, evinces, that dangers of this kind are not merely speculative. Who can determine what might have been the issue of her late convulsions, if the mal-contents had been headed by a Cæsar or by a Cromwell? Who can predict what a despotism, established in Massachusetts, would have upon the liberties of New Hampshire or Rhode Island, of Connecticut or New York?

“The inordinate pride of State importance has suggested to some minds an objection to the principle of a guarantee to the federal government, as involving an officious interference in the domestic concerns of the members. A scruple of this kind would deprive us of one of the principal advantages to be expected from Union, and can only flow from a misapprehension of the nature of the provision itself. It could be no impediment to reforms of the State constitutions by a majority of the people in a legal and peaceable mode. This right would remain undiminished. The guarantee could only operate against changes to be effected by violence. Towards the prevention of calamities of this kind, too many checks cannot be provided. The peace of society and the stability of government depend absolutely on the efficacy of the precautions on this head. Where the whole power of the government is in the hands of the people, there is the less pretence for the use of violent remedies, in partial or occasional distempers of the State. The natural cure for an ill-administration, in a popular representative constitution, is a change of men. A guarantee by the national authority would be as much directed against the usurpations of rulers, as against the ferments and outrages of faction and sedition in the community.”

We have thus far briefly enumerated some of the important powers granted by the people of the United States in their sovereign capacity, to the present federal government. We have endeavored to show that the people, having granted certain powers to the general government, such powers are necessarily withdrawn from the several States by the people thereof for the purpose of establishing one grand central power, which, when exercised within its delegated authority, should be recognized as the supreme law of the land; hence the people of the several States having to the extent of the powers granted, surrendered the separate State sovereignty, they became one grand, inseparable, sovereign and independent nation. The very fact that each and every citizen of our entire country has a voice in controlling the policy of the general government, shows conclusively that they owe obedience to its enactments, consequently, our national laws are alike binding upon every individual from Florida to Maine, and from the Atlantic to the Pacific Ocean.

But independent of our arguments, we have in the foregoing pages presented copious extracts from letters written by Messrs. Madison, Jay and Hamilton pending the adoption of the constitution, all of which must convince the most skeptical, that all parties at that time understood that they were granting certain powers to the general government that could not thereafter be resumed and controlled by the various States. The able manner in which the importance of such an arrangement is argued, the clear and conclusive reasoning, the contrasts drawn between one great and powerful nation and several petty, jealous, contending little sovereignties, should cast into the shade the weak sophism that is palmed off by the political demagogues of the present day for the purpose of dividing the people, under the disguise of what is called State sovereignty.

The arguments already advanced to show that we have a national government whose authority is supreme throughout the length and breadth of this country, (State laws to the contrary notwithstanding,) should be sufficient to convince the most ultra States rights secessionist that his dogma is only a garbled name for treason. Nevertheless, we will now proceed to give in full the celebrated Proclamation issued to the nullifiers of South Carolina twenty-eight years ago by the hero of the battle of New Orleans, recommending its careful perusal by every American citizen who has a spark of patriotism left within him. Its noble, patriotic sentiments will be found decidedly refreshing when contrasted with the crouching imbecility and indecision that has characterized not only James Buchanan but many of our leading politicians in the present dangerous, suffering and distracted condition of our beloved country.

General Jackson, a brave, daring, noble hero, knowing his duty, hastened to perform it in defiance of every obstacle; he resolves to save his country, at every hazard, from falling into the vortex of anarchy, ruin and disgrace.

When the hydra-headed monster, treason, began to make its appearance, the honored son of Tennessee, whose name is held in reverence by every friend of liberty, whose memory will be honored as the savior of his country, actuated by a high sense of his duty, with true Roman firmness, standing upon the temple of liberty, proclaiming to the world that he will maintain the integrity of his country or perish while marching under its glorious banner warning the enemies of the Union, to pause and consider the awful consequences of persisting in their treasonable designs, and decide whether they are prepared to assume such a terrible responsibility.