He must have been a careless reader of our political history who has not observed that, whether under the style of "United Colonies" or "United States," which was adopted after the Declaration of Independence, whether under the articles of Confederation or the compact of Union, there everywhere appears the distinct assertion of State sovereignty, and nowhere the slightest suggestion of any purpose on the part of the States to consolidate themselves into one body. Will any candid, well-informed man assert that, at any time between 1776 and 1790, a proposition to surrender the sovereignty of the States and merge them in a central government would have had the least possible chance of adoption? Can any historical fact be more demonstrable than that the States did, both in the Confederation and in the Union, retain their sovereignty and independence as distinct communities, voluntarily consenting to federation, but never becoming the fractional parts of a nation? That such opinions should find adherents in our day, may be attributable to the natural law of aggregation; surely not to a conscientious regard for the terms of the compact for union by the States.

In all free governments the constitution or organic law is supreme over the government, and in our Federal Union this was most distinctly marked by limitations and prohibitions against all which was beyond the expressed grants of power to the General Government. In the foreground, therefore, I take the position that those who resisted violations of the compact were the true friends, and those who maintained the usurpation of undelegated powers were the real enemies of the constitutional Union.

PART I.

CHAPTER I.

African Servitude.-A Retrospect.-Early Legislation with Regard to the SlaveTrade. The Southern States foremost in prohibiting it.-A Common Error corrected. The Ethical Question never at Issue in Sectional Controversies.The Acquisition of Louisiana.-The Missouri Compromise.-The Balance of Power.-Note.-The Indiana Case.

INASMUCH as questions growing out of the institution of negro servitude, or connected with it, will occupy a conspicuous place in what is to follow, it is important that the reader should have, in the very outset, a right understanding of the true nature and character of those questions. No subject has been more generally misunderstood or more persistently misrepresented. The institution itself has ceased to exist in the United States; the generation, comprising all who took part in the controversies to which it gave rise, or for which it afforded a pretext, is passing away; and the misconceptions which have prevailed in our own country, and still more among foreigners remote from the field of contention, are likely to be perpetuated in the mind of posterity, unless corrected before they become crystallized by tacit acquiescence.

It is well known that, at the time of the adoption of the Federal Constitution, African servitude existed in all the States that were parties to that compact, unless with the single exception of Massachusetts, in which it had, perhaps, very recently ceased to exist. The slaves, however, were numerous in the Southern, and very few in the Northern, States. This diversity was occasioned by differences of climate, soil, and industrial

interests not in any degree by moral considerations, which at that period were not recognized as an element in the question. It was simply because negro labor was more profitable in the South than in the North that the importation of negro slaves had been, and continued to be, chiefly directed to the Southern ports.* For the same reason slavery was abolished by the States of the Northern section (though it existed in several of them for more than fifty years after the adoption of the Constitution), while the importation of slaves into the South continued to be carried on by Northern merchants and Northern ships, without interference in the traffic from any quarter, until it was prohibited by the spontaneous action of the Southern States themselves.

The Constitution expressly forbade any interference by Congress with the slave-trade-or, to use its own language, with the "migration or importation of such persons" as any of the States should think proper to admit-" prior to the year 1808." During the intervening period of more than twenty years, the matter was exclusively under the control of the respective States. Nevertheless, every Southern State, without exception, either had already enacted, or proceeded to enact, laws forbidding the importation of slaves.† Virginia was the first of all the States,

* It will be remembered that, during her colonial condition, Virginia made strenuous efforts to prevent the importation of Africans, and was overruled by the Crown; also, that Georgia, under Oglethorpe, did prohibit the introduction of African slaves until 1752, when the proprietors surrendered the charter, and the colony became a part of the royal government, and enjoyed the same privileges as the other colonies.

South Carolina subsequently (in 1803) repealed her law forbidding the importation of slaves. The reason assigned for this action was the impossibility of enforcing the law without the aid of the Federal Government, to which entire control of the revenues, revenue police, and naval forces of the country had been surrendered by the States. "The geographical situation of our country," said Mr. Lowndes, of South Carolina, in the House of Representatives on February 14, 1804, "is not unknown. With navigable rivers running into the heart of it, it was impossible, with our means, to prevent our Eastern brethren engaged in this trade, from introducing them [the negroes] into the country. The law was completely evaded. . . Under these circumstances, sir, it appears to me to have been the duty of the Legislature to repeal the law, and remove from the eyes of the people the spectacle of its authority being daily violated."

....

...

The effect of the repeal was to permit the importation of negroes into South Carolina during the interval from 1803 to 1808. It is probable that an extensive

1808]

LIMITATION OF THE AUTHORITY OF CONGRESS.

North or South, to prohibit it, and Georgia was the first to incorporate such a prohibition in her organic Constitution.

Two petitions for the abolition of slavery and the slave-trade were presented February 11 and 12, 1790, to the very first Congress convened under the Constitution.* After full discussion in the House of Representatives, it was determined, with regard to the first-mentioned subject, "that Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them within any of the States"; and, with regard to the other, that no authority existed to prohibit the migration or importation of such persons as the States might think proper to admit, "prior to the year 1808." So distinct and final was this statement of the limitations of the authority of Congress considered to be that, when a similar petition was presented two or three years afterward, the Clerk of the House was instructed to return it to the petitioner.†

In 1807, Congress, availing itself of the very earliest moment at which the constitutional restriction ceased to be operative, passed an act prohibiting the importation of slaves into any part of the United States from and after the first day of January, 1808. This act was passed with great unanimity. In the House of Representatives there were one hundred and thirteen (113) yeas to five (5) nays; and it is a significant fact, as showing the absence of any sectional division of sentiment at that period, that the five dissentients were divided as equally as possible between the two sections: two of them were from Northern and three from Southern States.

The slave-trade had thus been finally abolished some months before the birth of the author of these pages, and has never

contraband trade was carried on by the New England slavers with other ports, on account of the lack of means to enforce the laws of the Southern States forbidding it. * One from the Society of Friends assembled at Philadelphia and New York, the other from the Pennsylvania society of various religious denominations combined for the abolition of slavery.

For report of the debate, see Benton's "Abridgment," vol. i, pp. 201-207, et seq. See Benton's "Abridgment," vol. i, p. 397.

One was from New Hampshire, one from Vermont, two from Virginia, and one from South Carolina.-(Benton's "Abridgment," vol. iii, p. 519.)

No division on the final vote in the Senate.

since had legal existence in any of the United States. The question of the maintenance or extinction of the system of negro servitude, already existing in any State, was one exclusively belonging to such State. It is obvious, therefore, that no subsequent question, legitimately arising in Federal legislation, could properly have any reference to the merits or the policy of the institution itself. A few zealots in the North afterward created much agitation by demands for the abolition of slavery within the States by Federal intervention, and by their activity and perseverance finally became a recognized party, which, holding the balance of power between the two contending organizations in that section, gradually obtained the control of one, and to no small degree corrupted the other. The dominant idea, however, at least of the absorbed party, was sectional aggrandizement, looking to absolute control, and theirs is the responsibility for the war that resulted.

No moral nor sentimental considerations were really involved in either the earlier or later controversies which so long agitated and finally ruptured the Union. They were simply struggles between different sections, with diverse institutions and interests.

It is absolutely requisite, in order to a right understanding of the history of the country, to bear these truths clearly in mind. The phraseology of the period referred to will otherwise be essentially deceptive. The antithetical employment of such terms as freedom and slavery, or "anti-slavery" and "pro-slavery," with reference to the principles and purposes of contending parties or rival sections, has had immense influence in misleading the opinions and sympathies of the world. The idea of freedom is captivating, that of slavery repellent to the moral sense of mankind in general. It is easy, therefore, to understand the effect of applying the one set of terms to one party, the other to another, in a contest which had no just application whatever to the essential merits of freedom or slavery. Southern statesmen may perhaps have been too indifferent to this consideration-in their ardent pursuit of principles, overlooking the effects of phrases.

This is especially true with regard to that familiar but most fallacious expression, "the extension of slavery." To the reader unfamiliar with the subject, or viewing it only on the surface,