The Rise and Fall of the Confederate Government, Volume 1

by Jefferson Davis

Mr. Poindexter, delegate from what was then the Mississippi Territory, took exception to these expressions of Mr. Quincy, and called him to order. The Speaker (Mr. Varnum, of Massachusetts) sustained Mr. Poindexter, and decided that the suggestion of a dissolution of the Union was out of order. An appeal was taken from this decision, and it was reversed. Mr. Quincy proceeded to vindicate the propriety of his position in a speech of some length, in the course of which he said:

"Is there a principle of public law better settled or more conformable to the plainest suggestions of reason than that the violation of a contract by one of the parties may be considered as exempting the other from its obligations? Suppose, in private life, thirteen form a partnership, and ten of them undertake to admit a new partner without the concurrence of the other three; would it not be at their option to abandon the partnership after so palpable an infringement of their rights? How much more in the political partnership, where the admission of new associates, without previous authority, is so pregnant with obvious dangers and evils!"

It is to be remembered that these men—Cabot, Pickering. Quincy, and others—whose opinions and expressions have been cited, were not Democrats, misled by extreme theories of State rights, but leaders and expositors of the highest type of "Federalism, and of a strong central Government." This fact gives their support of the right of secession the greater significance.

The celebrated Hartford Convention assembled in December, 1814. It consisted of delegates chosen by the Legislatures of Massachusetts, Rhode Island, and Connecticut, with an irregular or imperfect representation from the other two New England States, New Hampshire and Vermont,[²⁶] convened for the purpose of considering the grievances complained of by those States in connection with the war with Great Britain. They sat with closed doors, and the character of their deliberations and discussions has not been authentically disclosed. It was generally understood, however, that the chief subject of their considerations was the question of the withdrawal of the States they represented from the Union. The decision, as announced in their published report, was adverse to the expediency of such a measure at that time, and under the then existing conditions; but they proceeded to indicate the circumstances in which a dissolution of the Union might become expedient, and the mode in which it should be effected; and their theoretical plan of separation corresponds very nearly with that actually adopted by the Southern States nearly fifty years afterward. They say:

"If the Union be destined to dissolution by reason of the multiplied abuses of bad administration, it should, if possible, be the work of peaceable times and deliberate consent. Some new form of confederacy should be substituted among those States which shall intend to maintain a federal relation to each other. Events may prove that the causes of our calamities are deep and permanent. They may be found to proceed, not merely from the blindness of prejudice, pride of opinion, violence of party spirit, or the confusion of the times; but they may be traced to implacable combinations of individuals or of States to monopolize power and office, and to trample without remorse upon the rights and interests of commercial sections of the Union. Whenever it shall appear that the causes are radical and permanent, a separation by equitable arrangement will be preferable to an alliance by constraint among nominal friends, but real enemies."

The omission of the single word "commercial," which does not affect the principle involved, is the only modification necessary to adapt this extract exactly to the condition of the Southern States in 1860-'61.

The obloquy which has attached to the members of the Hartford Convention has resulted partly from a want of exact knowledge of their proceedings, partly from the secrecy by which they were veiled, but mainly because it was a recognized effort to paralyze the arm of the Federal Government while engaged in a war arising from outrages committed upon American seamen on the decks of American ships. The indignation felt was no doubt aggravated by the fact that those ships belonged in a great extent to the people who were now plotting against the war-measures of the Government, and indirectly, if not directly, giving aid and comfort to the public enemy. Time, which has mollified passion, and revealed many things not then known, has largely modified the first judgment passed on the proceedings and purposes of the Hartford Convention; and, but for the circumstances of existing war which surrounded it, they might have been viewed as political opinions merely, and have received justification instead of censure.

Again, in 1844-'45 the measures taken for the annexation of Texas evoked remonstrances, accompanied by threats of a dissolution of the Union from the Northeastern States. The Legislature of Massachusetts, in 1844, adopted a resolution, declaring, in behalf of that State, that "the Commonwealth of Massachusetts, faithful to the compact between the people of the United States, according to the plain meaning and intent in which it was understood by them, is sincerely anxious for its preservation; but that it is determined, as it doubts not the other States are, to submit to undelegated powers in no body of men on earth"; and that "the project of the annexation of Texas, unless arrested on the threshold, may tend to drive these States into a dissolution of the Union."

Early in the next year (February 11, 1845), the same Legislature adopted and communicated to Congress a series of resolutions on the same subject, in one of which it was declared that, "as the powers of legislation granted in the Constitution of the United States to Congress do not embrace a case of the admission of a foreign state or foreign territory, by legislation, into the Union, such an act of admission would have no binding force whatever on the people of Massachusetts"—language which must have meant that the admission of Texas would be a justifiable ground for secession, unless it was intended to announce the purpose of nullification.

It is evident, therefore, that the people of the South, in the crisis which confronted them in 1860, had no lack either of precept or of precedent for their instruction and guidance in the teaching and the example of our brethren of the North and East. The only practical difference was, that the North threatened and the South acted.