The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical HistoryEggleston, George Cary
History
The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical History
Eggleston, George Cary
United States -- History -- Civil War, 1861-1865
All this was very specious and to the Northern mind convincing, but
it ignored the fundamental fact that the seceding states claimed a
constitutional right to secede and that having exercised that asserted
right, they denied the right of the United States Government to "hold,
occupy and possess," forts, arsenals or custom houses within their
territory, or within that territory to "collect duties and imposts."
The very vitals of the question at issue were involved in that
assumption of right on the part of the Federal Government to impose
and enforce laws and imposts, and to assert and maintain rights of
property possession within the territories of states that had, as they
resolutely contended, taken themselves out of the Union by rigidly
constitutional methods.
It is not purposed here idly and uselessly to discuss this
constitutional question. It is only intended to show how it presented
itself to the minds of men on the one side and upon the other. To the
Northern mind, which had forgotten its own pleas for disunion and its
own claims of the right of any state to secede, Mr. Lincoln's declared
purpose seemed an altogether righteous and reasonable proposal of
governmental activity and necessary national self-assertion. To the
Southern mind, in which the traditional doctrine survived of the right
of any state to secede at will, it seemed a proposal of intolerable
aggression.
If the seceding states had acted within their constitutional right
in seceding, then they were no longer within the dominion or in any
remotest way subject to the jurisdiction of the United States. Any
attempt on the part of that government to exercise jurisdiction or to
"collect duties and imposts" within their borders was a trespass upon
their independence, an affront to their dignity, an invasion of their
sovereignty, in brief an act of direct war upon them.
Mr. Lincoln's inaugural address, as the Southerners held, begged
the whole question at issue. It assumed that secession was an
unconstitutional nullity and that the seceding states were still in
the Union and still subject to its laws, its imposts and its duties.
That was the whole matter in dispute. If that assumption was correct
then it was permitted to him to use any force he might see fit to
employ with which to compel them to obedience. But if the assumption
was incorrect--if those seceding states had in fact constitutionally
withdrawn from the Union, as they contended that they had done--then he
had no more right to exercise authority, to enforce laws, to possess
"places and property" or to "collect duties and imposts" within their
boundaries than he had to do the same within the domains of Britain,
France or Germany. This was the very marrow of the question at issue.
Public-domain text, read in full here on John Shaqi.
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