Under these circumstances, who was the sovereign in Tennessee? The Government of the United States. Where was the government of the State of Tennessee and the sovereign people? The former was subverted and overthrown, and the latter subjugated. The approval by Tennessee, under such circumstances, of Article XIII, as an amendment to the Constitution of the United States prohibiting the existence of slavery, was of no force; for consent given by a party under constraint has neither legal nor moral validity. The State Constitution was so amended as to contain certain new provisions prescribed by the Government of the United States by a so-called convention of delegates elected by the voters above specified, and then submitted to these voters, and said to be ratified by them. They were little more in numbers than a handful of the people of Tennessee. Was this a Constitution amended and approved by the consent of the people of Tennessee, the only sovereigns known under our institutions, or was it a Constitution amended and voted for by a small fraction of its population acting under the authority of the Government of the United Stales, as the only sovereign in the State? Admitting, even, that those who voted for the amended Constitution were the only legal voters in the State, the Government of the United States was no less an unlawful intruder and usurper when it prescribed the amendments of the Constitution and designated the voters. Nevertheless, this work was recognized by it, as constituting a republican State government under the Constitution.
Let us next notice some points in the subversion of the State government of Louisiana. One of the earliest steps taken for a civil organization, after the occupation of New Orleans, was to make a registration of voters. The United States Government was in possession by military force, and the object was to secure its permanent supremacy. Therefore, the oath which was administered to the person applying for registration contained this condition:
"I now register myself as a voter, freely and voluntarily, for the purpose of organizing a State government in Louisiana, loyal to the Government of the United States."
It was also announced, with the approval of the military Governor, that any person swearing falsely to any material part of the oath would be deemed to be guilty of perjury, and be liable to prosecution and punishment. The effect of this measure was to secure a registration only of persons who would maintain the supremacy of the Government of the United States. A proclamation was next issued by the commander of the United States forces for an election of State officers under the laws and Constitution of the State. It was declared that these officers, when thus elected, would constitute the so-called civil government of the State, under the Constitution and laws of Louisiana, "except so much of the said Constitution and laws as recognize, regulate, or relate to slavery," which were also declared to be inoperative and void. It was further provided, in the same proclamation, as follows:
"In order that the organic law of the State may be made to conform to the will of the people and harmonize with the spirit of the age, as well as to maintain and preserve the ancient landmarks of civil and religions liberty, an election of delegates to a convention for the revision of the Constitution will be held," etc.
The effect of these acts was to establish a number of persons, pledged to support the Government of the United States, as the only qualified voters in the State, and to elect so-called State officers and delegates to a so-called Constitutional Convention by their ballots. But this was a work that could be done only by the sovereign people acting through their lawful State government. It was not so done, because the Government of the United States, with a powerful military force, had taken possession of New Orleans, refused to recognize the officers of the State government, and sought to capture and imprison them, although it recognized the validity of the State Constitution in part, and commanded these things to be done as if it was the ultimate sovereign over all.
Thus the government of the State was subverted, the Constitution of the State in part set aside, and the sovereignty of the people trampled down by a power that had no rightful authority for such acts. Subsequently, a so-called convention was held, a so-called new Constitution adopted, complying with the views of the Government of the United States, the amendment to the Constitution of the United States as above mentioned was adopted, the State Representatives were admitted to seats in Congress, and the people acquiesced in the fraud which they had not the power to correct.
The proceedings in the States of Arkansas and Virginia, which resulted in an entire subversion of the State Governments, the destruction of the sovereignty of the people, and the establishment of the supremacy of the Government of the United States, have been stated on a preceding page.
CHAPTER XLIII.
Subjugation of the Border States, Maryland, Kentucky, and Missouri.—
A Military Force invades Maryland and occupies Baltimore.—Martial
Law declared.—A Military Order.—Banishment from the State.—
Civil Government of the State suspended.—Unalienable Rights of the
Citizens invaded.—Arrests of Citizens commenced.—Number.—Case
of John Merryman.—Opinion of Chief-Justice Taney.—Newspapers
seized.—Houses searched for Arms.—Order of Commanding General to
Marshals to put Test to Voters.—The Governor appeals to the
President.—His Reply.—Voters imprisoned.—Statement of the
Governor.—Result of the Election.—State Constitutional
Convention.—Emancipation hardly carried.—First Open Measures in
Kentucky.—Interference at the State Election by the United States
Government.—Voters excluded.—Martial Law declared.—Soldiers
keeping the Polls.—The Vote.—Statement of the Governor.—Attempt
to enroll Able-bodied Negroes.—The Governor visits Washington.—
The Result.—Arrests, Imprisonment, and Exile of Citizens.—
Suspension of the Writ of Habeas Corpus by President Lincoln.—
Interference with the State Election.—Order to the Sheriffs.—
Proclamation of the Governor.—Enlistment of Slaves.—Emancipation
by Constitutional Amendment.—Violent Measures in Missouri.—The
Governor calls out the Militia.—His Words.—The Plea of the
Invader.—"The Authority of the United States is Paramount," said
President Lincoln.—Bravery of the Governor.—Words of the
Commanding General.—Troops poured into the State.—Proceedings of
the State Convention.—Numberless Usurpations.—Provisional
Governor.—Emancipation Ordinance passed.