LITMIR.BIZ

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which he had sworn to uphold and defend!

      The action of the South Carolina Legislature in calling an Unconditional Secession Convention, acted among the Southern States like a spark in a train of gunpowder. Long accustomed to incendiary resolutions of Pro-Slavery political platforms, as embodying the creed of Southern men; committed by those declarations to the most extreme action when, in their judgment, the necessity should arise; and worked up during the Presidential campaign by swarming Federal officials inspired by the fanatical Secession leaders; the entire South only needed the spark from the treasonable torch of South Carolina, to find itself ablaze, almost from one end to the other, with the flames of revolt.

      Governor after Governor, in State after State, issued proclamation after proclamation, calling together their respective Legislatures, to consider the situation and whether their respective States should join South Carolina in seceding from the Union. Kentucky alone, of them all, seemed for a time to keep cool, and look calmly and reasonably through the Southern ferment to the horrors beyond. In an address issued by Governor Magoffin of that State, to the people, he said:

      "To South Carolina and such other States as may wish to secede from the Union, I would say: The geography of this Country will not admit of a division; the mouth and sources of the Mississippi River cannot be separated without the horrors of Civil War. We cannot sustain you in this movement merely on account of the election of Mr. Lincoln. Do not precipitate by premature action into a revolution or Civil War, the consequences of which will be most frightful to all of us. It may yet be avoided. There is still hope, faint though it be. Kentucky is a Border State, and has suffered more than all of you. * * * She has a right to claim that her voice, and the voice of reason, and moderation and patriotism shall be heard and heeded by you. If you secede, your representatives will go out of Congress and leave us at the mercy of a Black Republican Government. Mr. Lincoln will have no check. He can appoint his Cabinet, and have it confirmed. The Congress will then be Republican, and he will be able to pass such laws as he may suggest. The Supreme Court will be powerless to protect us. We implore you to stand by us, and by our friends in the Free States; and let us all, the bold, the true, and just men in the Free and Slave States, with a united front, stand by each other, by our principles, by our rights, our equality, our honor, and by the Union under the Constitution. I believe this is the only way to save it; and we can do it."

      But this "still small voice" of conscience and of reason, heard like a whisper from the mouths of Stephens in Georgia, and Magoffin in Kentucky, was drowned in the clamor and tumult of impassioned harangues and addresses, and the drumming and tramp of the "minute men" of South Carolina, and other military organizations, as they excitedly prepared throughout the South for the dread conflict at arms which they recklessly invited, and savagely welcomed.

      We have seen how President Andrew Jackson some thirty years before, had stamped out Nullification and Disunion in South Carolina, with an iron heel.

      But a weak and feeble old man—still suffering from the effects of the mysterious National Hotel poisoning—was now in the Executive Chair at the White House. Well-meaning, doubtless, and a Union man at heart, his enfeebled intellect was unable to see, and hold firm to, the only true course. He lacked clearness of perception, decision of character, and nerve. He knew Secession was wrong, but allowed himself to be persuaded that he had no Constitutional power to prevent it. He had surrounded himself in the Cabinet with such unbending adherents and tools of the Slave-Power, as Howell Cobb of Georgia, his Secretary of the Treasury, John B. Floyd of Virginia, as Secretary of War, Jacob Thompson of Mississippi, as Secretary of the Interior, and Isaac Toucy of Connecticut, as Secretary of the Navy, before whose malign influence the councils of Lewis Cass of Michigan, the Secretary of State, and other Union men, in and out of the Cabinet, were quite powerless.

      When, therefore, the Congress met (December 3, 1860) and he transmitted to it his last Annual Message, it was found that, instead of treating Secession from the Jacksonian standpoint, President Buchanan feebly wailed over the threatened destruction of the Union, weakly apologized for the contemplated Treason, garrulously scolded the North as being to blame for it, and, while praying to God to "preserve the Constitution and the Union throughout all generations," wrung his nerveless hands in despair over his own powerlessness—as he construed the Constitution—to prevent Secession! Before writing his pitifully imbecile Message, President Buchanan had secured from his Attorney-General (Jeremiah S. Black of Pennsylvania) an opinion, in which the latter, after touching upon certain cases in which he believed the President would be justified in using force to sustain the Federal Laws, supposed the case of a State where all the Federal Officers had resigned and where there were neither Federal Courts to issue, nor officers to execute judicial process, and continued: "In that event, troops would certainly be out of place, and their use wholly illegal. If they are sent to aid the Courts and Marshals there must be Courts and Marshals to be aided. Without the exercise of these functions, which belong exclusively to the civil service, the laws cannot be executed in any event, no matter what may be the physical strength which the Government has at its command. Under such circumstances, to send a military force into any State, with orders to act against the people, would be simply making War upon them."

      Resting upon that opinion of Attorney-General Black, President Buchanan, in his Message, after referring to the solemn oath taken by the Executive "to take care that the laws be faithfully executed," and stating that there were now no longer any Federal Officers in South Carolina, through whose agency he could keep that oath, took up the laws of February 28, 1795, and March 3, 1807, as "the only Acts of Congress on the Statute-book bearing upon the subject," which "authorize the President, after he shall have ascertained that the Marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call out the Militia and employ the Army and Navy to aid him in performing this service, having first, by Proclamation, commanded the insurgents to 'disperse and retire peaceably to their respective abodes, within a limited time'"—and thereupon held that "This duty cannot, by possibility, be performed in a State where no judicial authority exists to issue process, and where there is no Marshal to execute it; and where even if there were such an officer, the entire population would constitute one solid combination to resist him." And, not satisfied with attempting to show as clearly as he seemed to know how, his own inability under the laws to stamp out Treason, he proceeded to consider what he thought Congress also could not do under the Constitution. Said he: "The question fairly stated, is: Has the Constitution delegated to Congress the power to coerce into submission a State which is attempting to withdraw, or has actually withdrawn, from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and make War against a State. After much serious reflection, I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government." And further: "Congress possesses many means of preserving it (the Union) by conciliation; but the sword was not placed in their hands to preserve it by force."

      Thus, in President Buchanan's judgment, while, in another part of his Message, he had declared that no State had any right, Constitutional or otherwise, to Secede from that Union, which was designed for all time—yet, if any State concluded thus wrongfully to Secede, there existed no power in the Union, by the exercise of force, to preserve itself from instant dissolution! How imbecile the reasoning, how impotent the conclusion, compared with that of President Jackson, thirty years before, in his Proclamation against Nullification and Secession, wherein that sturdy patriot declared to the South Carolinians that "compared to Disunion, all other evils are light, because that brings with it an accumulation of all;" that "Disunion by armed force, is Treason;" and that he was determined "to execute the Laws," and "to preserve the Union!"

      President Buchanan's extraordinary Message—or so much of it as related to the perilous condition of the Union—was referred, in the House of Representatives, to a Select Committee of Thirty-three, comprising one member from each State, in which there was a very large preponderance of such as favored Conciliation without dishonor. But the debates in both Houses, in which the most violent language was indulged by the Southern Fire-eaters, as well as other events, soon proved that there was a settled purpose on the part of the Slave-Power and its adherents to resist and spit upon all attempts at placation.

      In the Senate also (December 5), a Select Committee of Thirteen

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