Hilary

John Fiske has said in his school history: "Under the government of England before the Revolution the thirteen commonwealths were independent of one another, and were held together juxtaposed, rather than united, only through their allegiance to the British Crown. Had that allegiance been maintained there is no telling how long they might have gone on thus disunited."

They won their independence under a very imperfect union, a government improvised for the occasion. The "Articles of Confederation," the first formal constitution of the United States of America, were not ratified by Maryland, the last to ratify, until in 1781, shortly before Yorktown. In 1787 the thirteen States, each claiming to be still sovereign, came together in convention at Philadelphia and formed the present Constitution, looking to "a more perfect union." The Constitution that created this new government has been rightly said to be "the most wonderful work ever struck off, at a given time, by the brain and purpose of man."[1] And so it was, but it left unsettled the great question whether a State, if it believed that its rights were denied to it by the general government, could peaceably withdraw from the Union.

The Federal Government was given by the Constitution only limited powers, powers that it could not transcend. Nowhere on the face of that Constitution was any right expressly conferred on the general government to decide exclusively and finally upon the extent of the powers granted to it. If any such right had been clearly given, it is certain that many of the States would not have entered into the Union. As it was, the Constitution was only adopted by eleven of the States after months of discussion. Then the new government was inaugurated, with two of the States, Rhode Island and North Carolina, still out of the Union. They remained outside, one of them for eighteen months and the other for a year.

The States were reluctant to adopt the Constitution, because they were jealous of, and did not mean to give up, the right of self-government.

The framers of the Constitution knew that the question of the right of a State to secede was thus left unsettled. They knew, too, that this might give trouble in the future. Their hope was that, as the advantages of the Union became, in process of time, more and more apparent, the Union would grow in favor and come to be regarded in the minds and hearts of the people as indissoluble.

From the beginning of the government there were many, including statesmen of great influence, who continued to be jealous of the right of self-government, and insisted that no powers should be exercised by the Federal Government except such as were very clearly granted in the Constitution. These soon became a party and called themselves Republicans. Some thirty years later they called themselves Democrats. Those, on the other hand, who believed in construing the grants of power in the Constitution liberally or broadly, called themselves Federalists.

Washington was a Federalist, but such was his influence that the dispute between the Republicans and the Federalists about the meaning of the Constitution did not, during his administration, assume a serious aspect; but when a new president, John Adams, also a Federalist, came in with a congress in harmony with him, the Republicans made bitter war upon them. France, then at war with England, was even waging what has been denominated a "quasi war" upon us, to compel the United States, under the old treaty of the Revolution, to take her part against England; and England was also threatening us. Plots to force the government into the war as an ally of France were in the air.

Adams and his followers believed in a strong and spirited government. To strike a fatal blow at the plotters against the public peace, and to crush the Republicans at the same time, Congress now passed the famous alien and sedition laws.

One of the alien laws, June 25, 1798, gave the President, for two years from its passage, power to order out of the country, at his own will, and without "trial by jury" or other "process of law," any alien he deemed dangerous to the peace and safety of the United States.

The sedition law, July 14, 1798, made criminal any unlawful conspiracy to oppose any measure of the government of the United States "which was directed by proper authority," as well as also any "false and scandalous accusations against the Government, the President, or the Congress."

The opportunity of the Republicans had come. They determined to call upon the country to condemn the alien and sedition laws, and at the presidential election in 1800 the Federalists received their death-blow. The party as an organization survived that election only a few years, and in localities the very name, Federalist, later became a reproach.

The Republicans began their campaign against the alien and sedition laws by a series of resolutions, which, drawn by Jefferson, were passed by the Kentucky legislature in November, 1798. Other quite similar resolutions, drawn by Madison, passed the Virginia assembly the next year; and these together became the celebrated Kentucky and Virginia resolutions of 1798-9.[2] The alien and sedition laws were denounced in these resolutions for the exercise of powers not delegated to the general government. Adverting to the sedition law, it was declared that no power over the freedom of religion, freedom of speech, or freedom of the press had been given. On the contrary, it had been expressly provided by the Constitution that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press."

The first of the Kentucky resolutions was as follows:

"Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their general government, but that by compact, under the style and title of a constitution for the United States, and of amendments thereto, they constituted a general government for specific purposes, delegated to that Government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers its acts are unauthoritative, void, and of no effect: That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: That the government created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its direction, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has a right to judge for itself as well of infractions as of the mode and measure of redress."

Undoubtedly it is from the famous resolutions of 1798-9 that the secessionists of a later date drew their arguments. The authors of these celebrated resolutions were, both of them, devoted friends of the Union they had helped to construct. Why should they announce a theory of the Constitution that was so full of dangerous possibilities?

The answer is, they were announcing the theory upon which the States, or at least many of the States, had ten years before ratified the Constitution. A crisis in the life of the new government had now come. Congress had usurped powers not given; it had exercised powers that had been prohibited, and the government was enforcing the obnoxious statutes with a high hand. Dissatisfaction was intense.

Jefferson and Madison were undoubtedly Republican partisans, Jefferson especially; but it is equally certain that they were both friends of the Union, and as such they concluded, with the lights before them, that the wise course would be to submit to the people, in ample time for full consideration, before the then coming presidential election, a full, clear, and comprehensive exposition of the Constitution precisely as they, and as the people, then understood it. This they did in the resolutions of 1798 and 1799, and the very same voters who had created the Constitution of 1789, now, with their sons to aid them, endorsed these resolutions in the election of 1800, which had been laid before them by the legislatures of two Republican States as a correct construction of that instrument.

The Republicans under Jefferson came into power with an immense majority. The people were satisfied with the Constitution as it had been construed in the election of 1800, and the country under control of the Republicans was happy and prosperous for three decades. Then the party in power began to split into National Republicans and Democratic Republicans. The National Republicans favored a liberal construction of the Constitution and became Whigs; the Democratic Republicans dropped the name Republican and became Democrats.

The foregoing sketch has been given with no intent to write a political history, but only to show with what emphasis the American people condemned all violations of the Constitution up to the time when, in 1831, our story of the Abolitionists is to begin. The sketch has also served to explain the theory of State-rights, as it was held in early days, and later, by the Southern people.

Whether the union of the States under the Constitution as expounded by the Kentucky and Virginia resolutions would survive every trial that was to come, remained to be seen. The question was destined to perplex Mr. Jefferson himself, more than once.

Indeed, even while Washington was President there had been disunion sentiment in Congress. In 1794 the celebrated Virginian, John Taylor, of Caroline, shortly after he had expressed an intention of publicly resigning from the United States Senate, was approached in the privacy of a committee room by Rufus King, senator from New York, and Oliver Ellsworth, a senator from Massachusetts, both Federalists, with a proposition for a dissolution of the Union by mutual consent, the line of division to be somewhere from the Potomac to the Hudson. This was on the ground "that it was utterly impossible for the Union to continue. That the Southern and the Eastern people thought quite differently," etc. Taylor contended for the Union, and nothing came of the conference, the story of which remained a secret for over a hundred years.[3]

"In the winter of 1803-4, immediately after, and as a consequence of, the acquisition of Louisiana, certain leaders of the Federal party conceived the project of the dissolution of the Union and the establishment of a Northern Confederacy, the justifying causes to those who entertained it, that the acquisition of Louisiana to the Union transcended the constitutional powers of the government of the United States; that it created, in fact, a new confederacy to which the States, united by the former compact, were not bound to adhere; that it was oppressive of the interests and destructive of the influence of the northern section of the Confederacy, whose right and duty it was therefore to secede from the new body politic, and to constitute one of their own."[4]