The original secessionist argued from the Constitution itself, that the States out of which the Union was formed were independent sovereignties antecedent to the Union, and all State elements and powers were reserved to the sovereignties that were not expressly surrendered to the General Government; that the Constitution was the instrument and servant of the Union, and was not intended to reflect its power back upon the reserved rights of the States. That the Constitution did not forbid secession in express terms, ergo, the right of secession was negatively implied by the Constitution; that its silence on the subject was, and could be, no bar to the right; that it could not take notice of the subject at all, as it is not in the nature of such an instrument per se to anticipate its own repeal or dissolution.
The suggestion to "wait for an overt act," was answered by saying that the Union was like a business copartnership for certain purposes, and when one member of the firm declares his purpose to swindle the other whenever opportunity serves, it is the privilege, the right, the duty, of the partner thus placed in jeopardy not to wait for the "overt act" of swindling to transpire, but to forestall and prevent it by breaking up the compact at once; that the Union was substantially such a copartnership, or compact, for purposes of mutual aid, and for mutual protection against foreign invasion.
This sort of argument appeared plausible, and generally had the effect to silence dissenting parties. The reply to it was considered insufficient, that, though the Republican party had succeeded in placing Mr. Lincoln in the presidential chair, yet he could do nothing inimical to the rights of the South. His oath of office would deter him, even if personally inclined to damage the South, and though he had said in his series of discussions with Stephen A. Douglas, in Illinois—"This government and country can not remain half free and half slave." No, secession, unconditional, immediate, bore down all opposition, and Texas with her ship of state and canvass spread, her sails flying, and the "Lone Star" floating at top-mast, and all on board except a few stanch Union men, stood out for the deep sea of secession and rebellion. She foundered, and with the Confederate armada of States went to the bottom; and now the Union wreckers are trying to fish her up, and back into place again.
CHAPTER XII.
TEXAS NEVER INVADED.
Unlike the other Southern States, Texas was never invaded and devastated by the Union armies. Considered in the light of a necessary evil, as a terrible educator, or rough civilizer for the barbarian element in Texas society, it might have been a good thing, perhaps, if she had been overrun, and this low element thoroughly subjugated, and made feel and understand that there was another force in the world besides Texas outlawry—that of law and order. But all things considered, it is probably as well she was saved from such a scourging. The innocent would have suffered with the guilty, and many lives and much property been sacrificed.
Texas was never whipped in spirit, only nominally whipped, in being surrendered by the official act of General E. Kirby Smith. Like "dog Tray," she was found in bad company. Indeed, so far from being whipped in spirit was she, that the proposition was seriously made and entertained, after Lee's surrender, that Texas could carry on the war by herself, and alone win what the whole South had failed to achieve together. General Magruder issued a bombastic proclamation to this effect. But the more sensible people understood it as a shrewd blind on his part, to facilitate his escape to Mexico, which he made immediately after.
By no means would we leave the impression that the whole population felt this way. The intelligent and better classes plainly saw, and admitted their cause was irretrievably lost, and in justice to them we must say they were willing to accept the situation in good faith, and govern themselves accordingly. One of this class said to the writer: "I have fought the fight, been whipped, and now I submit and say, the United States Government is good enough for me, and hereafter I am as good a Union man as the best."