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NULLIFICATION, SECESSION, WEBSTER.

CHAPTER I.

WEBSTER AND HAYNE.

In the renewed friendly relations at the dinner-table and in the lecture-room, the North of late has had the pleasure of listening to the speeches and discourses of Southern orators, soldiers, and politicians, who, while asserting their loyalty to the Union, claim that that Union was a compact between independent sovereign States, from which each of these independent sovereign States had an undoubted right to secede; our Southern brethren, beaten in the trial of arms, persistently insist that they fought for the right.

Besides Jefferson Davis’ History of the Confederacy, as bitter to some of its generals as to the North, the Vice-President of that government, of high repute for ability and reasoning powers, Alexander H. Stephens, published two ponderous volumes to prove not only that the South could secede, but that it was obligatory, if it wished to retain its equality and freedom, alleging as the principal reason the wrongful infringement of the right of the South to take its “peculiar property,” slaves, into all the territories of the Union, the common property of all the States. Recently was published Semmes’ Career of the Sumter and Alabama, abusive of the Yankee and of Northern friends like Buchanan, insisting on the justice and necessity of secession, and asserting the tyranny and mean oppression of the North. We have had also a republication of Governor Tazewell’s Review of President Jackson’s Proclamation against Nullification; and generally the dedication of statues and decorating of the graves of the soldiers of the Confederacy have been taken as occasions to show the justice of the lost cause.

It is to be hoped that few agree with General Early’s declamation at Winchester as to those of the South who changed their opinion as to secession: “The Confederate who has deserted since the war is infinitely worse than the one who deserted during the war.”

The same opinion as to the right of secession has been very generally held by British politicians; and that opinion to a great extent prevailed, and to-day prevails, in the English army and navy. Mr. John Morley, in his life of Burke, in reference to Burke’s speeches denouncing the conduct of Great Britain towards us as colonies, says that “the current of opinion was then precisely similar in England in the struggle to which the United States owed its existence, as in the great civil war between the Northern and Southern States of the American Union”; “people in England convinced themselves, some after careful examination, others on hearsay, that the South had a right to secede.”

Lord Coleridge, who served as one of the British commissioners in the Geneva arbitration, in an address recently delivered at Exeter on Sir Stafford Northcote, says:

Even Mr. Bryce, a most learned author, whose opinion in this matter has great weight, intimates that the seceding States legally may have been right.[1]

Lord Wolseley, in his article in Macmillan’s Magazine on the life of Lee, extolling him as the greatest general of his age and the most perfect man,[2] informs us that each State possessed the right both historically and legally under the Constitution to leave the Union at its will. Apparently he did not know that January 23, 1861, Lee wrote to his son: “Secession is nothing but revolution.” “It” (the Constitution) “is intended for perpetual union, so expressed in the preamble, and for the establishment of a government not a compact, and which can only be dissolved by revolution or the assent of all the people in convention assembled. It is idle to talk of secession.”[2]

Possibly in time the North may be of the same opinion as to Lee’s transcendent ability as a general. No one doubts now his great soldierly attainments and the worth of his private character, but for the sake of the existence of our nation, may it never believe he fought for the right.

Very generally and very fortunately for the country our Southern fellow-citizens, except their historians, some of their politicians, and a few whom they call unreconstructed rebels, concede that the right of secession has been put to the arbitrament of war and decided against the South forever. Now they tell us that none are more loyal and will march more willingly under the Stars and Stripes than those who fought so bravely to the bitter end under the flag of the Confederacy. Even Jefferson Davis, in the conclusion of his history, concedes that the result of the war has shown that secession is impracticable. It is difficult, however, to understand how might has made right, and the conquest of the richer and more populous North over the weaker South has settled forever the right or wrong of the matter. The North does not believe in the sneering maxim of Frederick the Great, that the Almighty is on the side of the heavier battalions.

Nor need we go to the South or to our English military critics for this opinion as to the Northern right. In a recent short life of Webster written for the American Statesmen series, a distinguished Republican politician and historian, Henry Cabot Lodge, in criticising the greatest speech of our greatest orator, Webster’s in reply to Hayne, on South Carolina’s nullification doctrines, makes these astounding statements:

This is a declaration of the right of secession at the inception of our government and that every one held that belief. If this be correct, with such a right the Union was no enduring tie, but was a mere rope of sand.

He adds that the weak places in Webster’s armor were historical in nature. In support of this opinion, he instances the Virginia and Kentucky resolves in 1799, and the Hartford convention of 1814; a few disloyal, some might say treasonable, acts and declarations; and then tells us a confederacy had grown into a nation, and that Mr. Webster set forth the national