Twenty Years of Congress, Vol. 1 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

Confronting these facts, and realizing the difficulty they presented, Mr. Benjamin was reduced to desperate straits for argument. "Without entering into the details of the negotiation," he said, "the archives of our State Department show the fact to be that although the domain, the public lands and other property of France in the ceded province, were conveyed by absolute title to the United States, the sovereignty was not conveyed otherwise than in trust." This peculiar statement of a sovereignty that was "conveyed in trust" Mr. Benjamin attempted to sustain by quoting the clause in the treaty which gave the right of the people of Louisiana to be incorporated into the Union "on terms of equality with the other States." From this he argued that the sovereignty of the Territory of Louisiana held in trust by the Federal Government, and conveyed to the State of Louisiana on her admission to the Union, was necessarily greater than the National sovereignty. Indeed, Mr. Benjamin recognized no "Nation" in the United States and no real sovereignty in the General Government which was but the agent of the sovereign States. It properly and logically followed, according to Mr. Benjamin, that the "sovereignty held in trust," might, when conferred, be immediately and rightfully employed to destroy the life of the trustee. The United States might or might not admit Louisiana to the Union, for the General Government was sole judge as to time and expediency—but when once admitted, the power of the State was greater than the power of the Government which permitted the State to come into existence. Such were the contradictions and absurdities which the creed of the Secessionists inevitably involved, and in which so clever a man as Mr. Benjamin was compelled to blunder and flounder.

Pursuing his argument, Mr. Benjamin wished to know whether those who asserted that Louisiana had been bought by the United States meant that the United States had the right based on that fact to sell Louisiana? He denied in every form that there had ever been such a purchase of Louisiana as carried with it the right of sale. "I deny," said he, "the fact on which the argument is founded. I deny that the Province of Louisiana or the people of Louisiana were ever conveyed to the United States for a price as property that could be bought or sold at will." However learned Mr. Benjamin may have been in the law, he was evidently ill informed as to the history of the transaction of which he spoke so confidently. He should have known that the United States, sixteen years after it bought Louisiana from France, actually sold or exchanged a large part of that province to the King of Spain as part of the consideration in the purchase of the Floridas. He should have known that at the time the Government of the United States disposed of a part of Louisiana, there was not an intelligent man in the world who did not recognize its right and power to dispose of the whole. The theory that the United States acquired a less degree of sovereignty over Louisiana than was held by France when she transferred it, or by Spain when she owned it, was never dreamed of when the negotiation was made. It was an afterthought on the part of the hard-pressed defenders of the right of secession. It was the ingenious but lame device of an able lawyer who undertook to defend what was indefensible.

Mr. Yulee of Florida had endeavored to make the same argument on behalf of his State, feeling the embarrassment as did Mr. Benjamin, and relying, as Mr. Benjamin did, upon the clause in the treaty with Spain entitling Florida to admission to the Union. Mr. Benjamin and Mr. Yulee should both have known that the guaranty which they quoted was nothing more and nothing less than the ordinary condition which every enlightened nation makes in parting with its subjects or citizens, that they shall enter into the new relation without discrimination against them and with no lower degree of civil rights than had already been enjoyed by those who form the nation to which they are about to be annexed. Louisiana, when she was transferred to the United States, received no further guaranty than Napoleon in effect gave to Spain at the treaty of San Ildefonso, or than the Spanish Bourbons had given to the French Bourbons in the treaty of 1763 at the close of the Seven Years' War. In each of the three transfers of the sovereignty of Louisiana, the same condition was perfectly understood as to the rights of the inhabitants. Mr. Benjamin drew the conclusion which was not only diametrically wrong in morals, but diametrically erroneous in logic. Instead of inferring that a State, situated as Louisiana was, should necessarily become greater than the power which purchased it, simply because other States in the Union which she joined had assumed such power, a discriminating mind of Mr. Benjamin's acuteness should have seen that the very position proved the reverse of what he stated, and demonstrated, in the absurdity of Louisiana's secession, the equal absurdity of the secession of South Carolina and Georgia.

THE ARGUMENT OF MR. BENJAMIN.

It seemed impossible for Mr. Benjamin or for any other leader of Southern opinion to argue the question of State rights fairly or dispassionately. They had been so persistently trained in the heresy that they could give no weight to the conclusive reasoning of the other side. The original thirteen, they averred, were "free, sovereign, and independent States," acknowledged to be such by the King of Great Britain in the Treaty of peace in 1783. The new States, so the argument ran, were all admitted to the Union of terms of equality with the old. Hence all were alike endowed with sovereignty. Even the historical part of this argument was strained and fallacious. Much was made in the South of Mr. Toombs's declaration that "the original thirteen" were as "independent of each other as Australia and Jamaica." So indeed they were as long as they remained British Colonies. Their only connection in that condition was in their common dependence on the Crown. But the first step towards independence of the Crown was to unite. From that day onward they were never separate. Nor did the King of Great Britain acknowledge the "independence and sovereignty" of the thirteen individual and separate States. The Treaty of peace declares that "His Majesty acknowledges the said United States [naming them] to be free, sovereign, and independent States."—not separately and individually, but the "said United States." The King then agrees that "the following are and shall be the boundaries of the said United States,"—proceeding to give, not the boundaries of each State, but the boundaries of the whole as one unit, one sovereignty, one nationality. Last of all, the commissioners who signed the treaty with the King's commissioner were not acting for the individual States, but for the United States. Three of them, John Adams, Benjamin Franklin, and John Jay, were from the North, and Henry Laurens from the South. The separate sovereignties whose existence was so persistently alleged by Mr. Benjamin and Mr. Toombs were not represented when independence was conceded. Mr. Benjamin's conclusion, therefore, was not only illogical, but was completely disproved by plain historical facts.

It seems never to have occurred to Mr. Benjamin, or to Mr. Yulee, or to the Texas senators, or to the Arkansas senators, that the money paid from a common treasury of the nation gave any claim to National sovereignty. Their philosophy seems to have been that the General Government had been paid in full by the privilege of nurturing new States, of improving their rivers and harbors, of building their fortifications, of protecting them in peace, of defending them in war. The privilege of leading the new communities through the condition of Territorial existence up to the full majesty of States, was, according to secession argument, sufficient compensation, and removed all shadow of the title or the sovereignty of the National Government, the moment the inhabitants thus benefitted announced their desire to form new connections. Louisiana had cost fifteen millions of dollars at a time when that was a vast sum of money. It had cost five millions of money and the surrender of a province, to purchase Florida, and nearly a hundred millions more to extinguish the Indian title, and make the State habitable for white men. Texas cost the National Treasury ninety millions of dollars in the war which was precipitated by her annexation, and ten millions more paid to her in 1850, in adjustment of her boundary trouble. All these States apparently regarded the tie that bound them to the National Government as in no degree mutual, as imposing no duty upon them. By some mysterious process still unexplained, the more they gained from connection with the National authority, the less was their obligation thereto, the more perfect their right to disregard and destroy the beneficent government which had created them and fostered them.

SOUTHERN GRIEVANCES NOT STATED.

In all the speeches delivered by the senators from the seceding States, there was no presentation of the grievances which, in their own minds, justified secession. This fact elicited less notice at the time than it calls forth in retrospect. Those senators held in their hands in the beginning, the fate of the secession movement. If they had advised the Southern States that it was wiser and better to abide in the Union, and at least to wait for some overt act of wrong against the slave States, the whole movement would have collapsed. But they evidently felt that this would be a shrinking and cowardly policy after the numerous manifestoes they had issued. South Carolina had taken the fatal step, and to fail in sustaining her would be to co-operate in crushing her. While these motives and aims are intelligible, it seems utterly incredible that not one of the senators gave a specification of the wrongs which led the South to her rash step. Mr. Toombs recounted the concessions on which the South would agree to remain; but these were new provisions and new conditions, never intended by the framers of the Federal Constitution; and they were abhorrent to the civilization of the nineteenth century.

Mr. Toombs, Mr. Jefferson Davis, and Mr. Benjamin were the three ablest senators who spoke in favor of secession. Not one of them deemed it necessary to justify his conduct by a recital of the grounds on which so momentous a step could bear the test of historic examination. They dealt wholly in generalities as to the past, and apparently based their action on something that was to happen in the future. Mr. John Slidell sought to give a strong reason for the movement, in the statement that, if Lincoln should be inaugurated with Southern assent, the 4th of March would witness, in various quarters, outbreaks among the slaves which, although they would be promptly suppressed, would carry ruin and devastation to many a Southern home. It was from Mr. Slidell that Mr. Buchanan received the information which induced him to dwell at length in his annual message on this painful feature of the situation. But it was probably an invention of Mr. Slidell's fertile brain—imposed upon the President and intended to influence public sentiment in the North. It was in flat contradiction of the general faith in the personal fealty of their slaves, so constantly boasted by the Southern men,—a faith abundantly justified by the subsequent fact that four years of war passed without a single attempt to servile insurrection. At the time of the John Brown disturbance the South resented the imputation of fear, made upon it by the North. If now the danger was especially imminent, Southern leaders were solely to blame. They would not accept the honorable assurance of the Republican party and of the President-elect that no interference with slavery in the States was designed. They insisted in all their public addresses that Mr. Lincoln was determined to uproot slavery everywhere, and they might well fear that these repeated declarations had been heard and might be accepted by their slaves.

The omission by individual senators to present the grievances which justified secession is perhaps less notable then the same omission by the conventions which ordained secession in the several States. South Carolina presented, as a special outrage, the enactment of personal-liberty bills in the free States, and yet, from the foundation of the Federal Government, she had probably never lost a slave in consequence of these enactments. In Georgia the attempt at justification reached the ludicrous when solemn charge was made that a bounty had been paid from the Federal Treasury to New-England fishermen. The tariff was complained of, the navigation laws were sneered at. But these were all public policies which had been in operation with Southern consent and largely with Southern support, throughout the existence of the Republic. When South Carolina attempted, somewhat after the illustrious model of the Declaration of Independence, to present justifying reasons for her course, the very authors of the document must have seen that it amounted only to a parody.