A Constitutional View of the Late War Between the States

Author: Alexander H. Stephens  | Date: 1870

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CHAPTER IX—DOCTRINE OF SECESSION

A Southern Opponent of Secession (1860)

BY ALEXANDER HAMILTON STEPHENS

FELLOW CITIZENS: I appear before you to-night at the request of Members of the Legislature and others, to speak of matters of the deepest interest that can possibly concern us all, of an earthly character. . . . Had I consulted my personal ease and pleasure, I should not be before you; but believing that it is the duty of every good citizen, when called on, to give his counsels and views whenever the country is in danger, as to the best policy to be pursued, I am here. For these reasons, and these only, do I bespeak a calm, patient, and attentive hearing.

My object is not to stir up strife, but to allay it; not to appeal to your passions, but to your reason. Let us, therefore, reason together. It is not my purpose to say aught to wound the feelings of any individual who may be present; and if in the ardency with which I shall express my opinions, I shall say anything which may be deemed too strong, let it be set down to the zeal with which I advocate my own convictions. There is with me no intention to irritate or offend. . . .

The first question that presents itself is, shall the people of Georgia secede from the Union in consequence of the election of Mr. Lincoln to the Presidency of the United States? My countrymen, I tell you frankly, candidly, and earnestly, that I do not think that they ought. In my judgment, the election of no man, constitutionally chosen to that high office, is sufficient cause to justify any State to separate from the Union. It ought to stand by and aid still in maintaining the Constitution of the country. To make a point of resistance to the Government, to withdraw from it because any man has been elected, would put us in the wrong. We are pledged to maintain the Constitution. Many of us have sworn to support it. Can we, therefore, for the mere election of any man to the Presidency, and that, too, in accordance with the prescribed forms of the Constitution, make a point of resistance to the Government, without becoming the breakers of that sacred instrument ourselves, by withdrawing ourselves from it? Would we not be in the wrong? Whatever fate is to befall this country, let it never be laid to the charge of the people of the South, and especially to the people of Georgia, that we were untrue to our national engagements. Let the fault and the wrong rest upon others. If all our hopes are to be blasted, if the Republic is to go down, let us be found to the last moment standing on the deck with the Constitution of the United States waving over our heads. Let the fanatics of the North break the Constitution, if such is their fell purpose. Let the responsibility be upon them. I shall speak presently more of their acts; but let not the South, let us not be the ones to commit the aggression. We went into the election with this people. The result was different from what we wished; but the election has been constitutionally held. Were we to make a point of resistance to the Government and go out of the Union merely on that account, the record would be made up hereafter against us.

But it is said Mr. Lincoln’s policy and principles are against the Constitution, and that, if he carries them out, it will be destructive of our rights. Let us not anticipate a threatened evil. If he violates the Constitution, then will come our time to act. Do not let us break it because, forsooth, he may. If he does, that is the time for us to act. I think it would be injudicious and unwise to do this sooner. I do not anticipate that Mr. Lincoln will do anything, to jeopard our safety or security, whatever may be his spirit to do it; for he is bound by the Constitutional checks which are thrown around him, which at this time render him powerless to do any great mischief. This shows the wisdom of our system. The President of the United States is no Emperor, no Dictator—he is clothed with no absolute power. He can do nothing, unless he is backed by power in Congress. The House of Representatives is largely in a majority against him. . . . Is this the time, then, to apprehend that Mr. Lincoln, with this large majority in the House of Representatives against him, can carry out any of his unconstitutional principles in that body?

In the Senate he will also be powerless. There will be a majority of four against him. . . .

My countrymen, I am not of those who believe this Union has been a curse up to this time. . . . There is nothing perfect in this world of human origin; nothing connected with human nature, from man himself to any of his works. . . . And it is so in our Government. But that this Government of our Fathers, with all its defects, comes nearer the objects of all good Governments than any other on the face of the earth, is my settled conviction. . . .

. . . Have we not at the South, as well as the North, grown great, prosperous and happy under its operation? Has any part of the world ever shown such rapid progress in the development of wealth, and all the material resources of national power and greatness, as the Southern States have under the General Government, notwithstanding all its defects?

Mr. Toombs. In spite of it!

Mr. Stephens. My honorable friend says we have, in spite of the General Government; that without it I suppose he thinks we might have done as well, or perhaps better than we have done. This grand result is in spite of the Government! That may be, and it may not be; but the great fact that we have grown great and powerful under the Government, as it exists, is admitted. . . .

. . . It is true, there is no equal part of the earth with natural resources superior, perhaps, to ours. That portion of this country known as the Southern States, stretching from the Chesapeake to the Rio Grande, is fully equal to the picture drawn by the honorable and eloquent Senator, last night, in all natural capacities. But how many ages, centuries, passed before these capacities were developed to reach this advanced stage of civilization? . . .

It was only under our Institutions as they are, that they were developed. Their development is the result of the enterprise of our people under operations of the Government and Institutions under which we have lived. Even our people, without these, never would have done it. The organization of society has much to do with the development of the natural resources of any country or any land. . . . Look at Greece! There is the same fertile soil, the same blue sky, the same inlets and harbors, the same Ægean, the same Olympus—there is the same land where Homer sung, where Pericles spoke—it is, in nature, the same old Greece; but it is "living Greece no more!"

Descendants of the same people inhabit the country; yet what is the reason of this mighty difference? . . . I answer this, their Institutions have been destroyed. . . . And, my countrymen, if we shall, in an evil hour, rashly pull down and destroy those Institutions, which the patriotic hand of our Fathers labored so long and so hard to build up, and which have done so much for us, and for the world; who can venture the prediction that similar results will not ensue? Let us avoid them if we can. I trust the spirit is amongst us that will enable us to do it. Let us not rashly try the experiment of change, of pulling down and destroying; for, as in Greece and Italy, and the South American Republics, and in every other place, whenever our liberty is once lost, it may never be restored to us again. . . .

I look upon this country with our Institutions as the Eden of the world, the Paradise of the Universe. It may be that out of it we may become greater and more prosperous, but I am candid and sincere in telling you that I fear if we yield to passion, and without sufficient cause shall take that step, that instead of becoming greater or more peaceful, prosperous, and happy—instead of becoming Gods, we will become demons, and at no distant day commence cutting one another’s throats. This is my apprehension. Let us, therefore, whatever we do, meet these difficulties, great as they are, like wise and sensible men, and consider them in the light of all the consequences which may attend our action. Let us see first, clearly, where the path of duty leads, and then we may not fear to tread therein.

Now, upon another point, and that the most difficult, and deserving your most serious consideration, I will speak. That is, the course which this State should pursue toward those Northern States which, by their legislative acts, have attempted to nullify the Fugitive Slave Law.

. . . They have violated their plighted faith. What ought we to do in view of this? That is the question. What is to be done? By the law of nations, you would have a right to demand the carrying out of this article of agreement, and I do not see that it should be otherwise with respect to the States of this Union; and in case it be not done, we would, by these principles, have the right to commit acts of reprisal on these faithless Governments, and seize upon their property, or that of their citizens, wherever found. The States of this Union stand upon the same footing with foreign Nations in this respect.

. . . Let your Committee on the state of the Republic make out a bill of grievances; let it be sent by the Governor to those faithless States; and if reason and argument shall be tried in vain—if all shall fail to induce them to return to their Constitutional obligations, I would be for retaliatory measures, such as the Governor has suggested to you. This mode of resistance in the Union is in our power.

Now, then, my recommendation to you would be this: In view of all these questions of difficulty, let a Convention of the people of Georgia be called, to which they may be all referred. Let the Sovereignty of the people speak. . . . I have no hesitancy in saying that the Legislature is not the proper body to sever our Federal relations, if that necessity should arise.

. . . Sovereignty is not in the Legislature. We, the People, are Sovereign! I am one of them, and have a right to be heard; and so has every other citizen of the State. . . . Our Constitutions, State and Federal, came from the people. They made both, and they alone can rightfully unmake either.

Should Georgia determine to go out of the Union, I speak for one, though my views might not agree with them, whatever the result may be, I shall bow to the will of her people. Their cause is my cause, and their destiny is my destiny; and I trust this will be the ultimate course of all. The greatest curse that can befall a free people, is civil war.

. . . Before making reprisals, we should exhaust every means of bringing about a peaceful settlement of the controversy. . . . At least, let these offending and derelict States know what your grievances are, and if they refuse, as I said, to give us our rights under the Constitution, I should be willing, as a last resort, to sever the ties of our Union with them.

My own opinion is, that if this course be pursued, and they are informed of the consequences of refusal, these States will recede, will repeal their nullifying acts; but if they should not, then let the consequences be with them, and the responsibility of the consequences rest upon them. . . .

I am for exhausting all that patriotism demands, before taking the last step. I would invite, therefore, South Carolina to a conference. I would ask the same of all the other Southern States, so that if the evil has got beyond our control, which God in his mercy grant may not be the case, we may not be divided among ourselves; but if possible, secure the united co-operation of all the Southern States, and then, in the face of the civilized world, we may justify our action, and, with the wrong all on the other side, we can appeal to the God of Battles, if it comes to that, to aid us in our cause. But do nothing, in which any portion of our people, may charge you with rash or hasty action. It is certainly a matter of great importance, to tear this Government asunder. You were not sent here for that purpose. I would wish the whole South to be united, if this is to be done; and I believe if we pursue the policy which I have indicated, this can be effected. . . .

. . . I am, as you clearly perceive, for maintaining the Union as it is, if possible. I will exhaust every means, thus, to maintain it with an equality in it. My position, then, in conclusion, is for the maintenance of the honor, the rights, the equality, the security, and the glory of my native State in the Union, if possible; but if these cannot be maintained in the Union, then I am for their maintenance, at all hazards, out of it. Next to the honor and glory of Georgia, the land of my birth, I hold the honor and glory of our common country. . . .

Alexander H. Stephens, (Philadelphia, etc., [1870]), II, 279–299 passim.

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Chicago: Alexander H. Stephens, A Constitutional View of the Late War Between the States in American History Told by Contemporaries, ed. Albert Bushnell Hart (New York: The Macmillan Company, 1903), Original Sources, accessed April 28, 2024, http://originalsources.com/Document.aspx?DocID=FR2BEB7UQ5C4CHQ.

MLA: Stephens, Alexander H. A Constitutional View of the Late War Between the States, Vol. II, in American History Told by Contemporaries, edited by Albert Bushnell Hart, Vol. 4, New York, The Macmillan Company, 1903, Original Sources. 28 Apr. 2024. http://originalsources.com/Document.aspx?DocID=FR2BEB7UQ5C4CHQ.

Harvard: Stephens, AH, A Constitutional View of the Late War Between the States. cited in 1903, American History Told by Contemporaries, ed. , The Macmillan Company, New York. Original Sources, retrieved 28 April 2024, from http://originalsources.com/Document.aspx?DocID=FR2BEB7UQ5C4CHQ.