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
The Constitution of the United States, in Section 3 of Article IV,
distinctly imposed upon the states and upon the people thereof the duty
of returning to their masters all fugitive slaves who might escape from
one state to another. That provision of the Constitution was resented,
even to the point of violence by the antagonists of slavery; it was
insisted upon by the advocates of slavery--in the North as well as in
the South--to the border-land of crime. It was defeated of its purpose,
not only by the acts of individuals banded together with express intent
to nullify it in practice, but still more by laws enacted in many
states at the North to facilitate its nullifications. The law officers
of many states either refused to exercise their authority for the
enforcement of this law or going further, employed their authority to
prevent its enforcement.
Let us frankly recognize the fact that these men were in effect
disunionists, and the further fact that they were such upon
conscientious conviction. All this was done in full faith that it
was right and in response to the requirements of conscience. But
it was done in flagrant violation of the constitutional compact. We
may sympathize with the impulses of the sheriff or other officer who
refused to aid in the return of an escaping negro to slavery, and still
more easily we may sympathize with those unofficial persons who fed and
housed and expedited escaping slaves, in their refusal to aid a system
of human bondage of which they were conscientiously intolerant, but on
the other hand we may not justly blink the fact that all this was in
disobedience of the fundamental law of the land, in violation of that
compact on which alone the Union rested, and in derogation of property
rights which the compact of union pledged all the states to enforce and
all the people to respect.
The whole trouble lay in the fact that there was an "irrepressible
conflict" between the ideas that were dominant North and South and that
laws and constitutions, and compacts, and agreements were powerless
to enforce themselves or to get themselves enforced in opposition to
intense conviction and strongly felt sentiment.
The feeling on both sides ran high and was intensely intolerant. It was
heedless of reason or argument. It scoffed at compacts and agreements.
It made of legal obligations a mockery and of constitutional
requirements a laughing stock.
It entered also into every relation of life and mischievously disturbed
every such relation. It divided families. It disrupted churches,
producing divisions in them, some of which--most of which indeed--have
not been healed even in our present time when the war and slavery and
all things pertaining to them are matters of history.
Public-domain text, read in full here on John Shaqi.
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