The daily phoenix. (Columbia, S.C.) 1865-1878, November 19, 1865, Image 7
[Continued from Third Page.']
North for the capture of Richmond,
made after ample preparation and in
enormous force, ended in utter failure.
Unquestionably at that time the South
possessed all the attributes of an inde?
pendent State -a State at -war -with
its neighbor, and blockaded by its
fleets, as other independent powers
have been before. Recognition would
have been warranted by the facts and
by tho precedent most closely in point,
the separation from Belgium from its
union with Holland. The step was
dictated, so far as this country is con?
cerned, by the most obvious consider?
ations of self-interest. But it was
thought by those with -whom the de?
cision rested-we do not herc inquire
whether they thought rightly-that,
until forced to it by circumstances,
our Government ought ou principle
to abstain from action. It was not
permitted to weigh political advan?
tage against -what seemed to be a
moral obligation. Few in America
are likely to understand this. In the
Northern literature of the war there
may bc found appeals to glory, to
nationality, to the flag, to self-interest,
to future safety, but never :iu appeal
to any such thing as duty. In a coun?
try where the doctrine is accepted
that anything is fair in politics, and
where a popular phrase is ' 'our coun?
try, right or wrong," it may be diffi?
cult to realize the belief that a great
political decision could be formed,
not by considering whether tho step
would be advantageous, but whether
it would be right.
Another cause of the failure of tho
South was excess of confidence. This
occasioned the loss of New Orleans,
aud other early disasters. It maj
fairly be said that the men were over
brave. Although the life of ead
Southern soldier was clearly wortl
more to bis county than those of three
men to the North ; though it was
plainly the true policy to husbanc
every drop of blood, to use as weapon:
the difficulties of the country, anc
never to fight a battle in the opel
field except from necessity, the re
verse of this was always the rule
Throughout the war there was an in
cessant thirst for battle. Lives o
Southern soldiers were expended, no
as if they were precious, but as if tin
supply were inexhaustible. A Genera
like Johnston, who adopted the trui
line of strategy, was discarded for ?
fighting man. From this fiery vaia
sprung those aggressive movement
across the Potomac, into Kentucky
and Missouri, which lost more mei
than would have saved Richmond
The last and most fatal of these move
ments, that of Hood into Tennessee
appears to have been based on calen
lations wholly inexplicable in the ligh
of the facts before us, except as ai
act of despair. If such it was, the:
peace should have followed the failur
without loss of time. And it was
fatal error to permit the mountai
region to fall into the enera j*'s* bandi
almost without an effort to prese rv
it. Tho great range running froi
Chattanooga to Lynchburg, the bael
bone of the country, was the true lin
of Southern defence; and the sei
ports should have been held only fl
out-ljing posts. Under the system c
strategj- pursued, when thc stori
burst through the coast-line, thei
was nothing within to rally npoi
But it is easy now to criticise. A<
cording to the great master of the ai
of war, the difference between Genera'
is in the comparative number of the
mistakes. If we consider rather win
was accomplished, and with wht
scanty means, then, without any dil
paragement of the energy of tli
Northern people, or the courage (
their soldiers, we shall be forced t
say that throughout the history t
modern times no efforts more amazing
no sacrifices more unbounded, n
achievements more glorious arc o
record, than those of thc people an
armies of the South.
The efforts made bj' the Norther
people have indeed been wondcrfu
The immense armies they sent int
the field ; the great fleet they calle
into existence; the vast expenditm
they sustained; the great expedition
frequently despatched when it seeme
as if every resource had already bet
strained to the utmost; the persevc
ance with which they surmount
defeats, depression, dospondenc
will be forever memorable. No 01
in Europe, or probably in Americ
would have believed five years aj
that such efforts and results we
possible. But with the North, as \
have seen, the war was a source
unbounded profit. Bj- the stern te
of suffering it was never tried; ai
some of its own speakers have sa
that it would not have stood that te.<
To the South this was soon applie
Never was war encountered by
people so unprepared. When Sou
Carolina seceded, there was not, b
longing to the country, a single coi
pany of infantry or squadron of
norse. There was not a piece of field
artillery; the bells of the churches
were taken clown and cast into cannon.
There was no shot; the roofs of the
houses were stripped of their lead.
There was no powder; sulphur was
sought in the minerals, and artificial
beds were formed in thousands of
cellars to produce saltpetre, each
householder contributing his mite to
the officers of the "Nitre Bureau."
There were no medicines; the woods
were scoured for medicinal herbs.
There were no shoes; tanyard? were
constructed, and trees stripped of
their bark, to make leather. There
was no cloth; soon in the cottages
throughout the country every woman
had a spinning-wheel at work. There
were no blankets; carpets were cut
up, even from around the communion
altars of the churches, and sent to
the soldiers. There were no ships-of
war; steamers were padded with
cotton bales, or railroads were rifled
of their iron; and the South, a
country without ships or plates, sent
the first armor-plated ship into action.
It seemed as if the spirit of patriot?
ism had created a new people-mau,
woman, child-hardening those who
had been nursed in luxury into a con?
tempt for harship; calling out an in?
ventive skill where ingenuity had
been dormant, and kindling in the
gentlest of women a spirit and reso?
lution that never faltered to the last.
Are we to be told it was a desire to
defend slavery that aroused this en?
thusiasm in the human breast? Could
any other than a lofty motive or noble
aspiration thus impel a whole people
to encounter suffering or face death
without a fear?
And the results were equally won?
derful None travel through thc
South without being struck by the
scantiness of its population ; yet for
a long time, wherever a Federal army
attempted to advance, troops were
found to be there awaiting it. The
armies brought into the field by tho
South exceed in their ratio to its num?
bers anything on record. The genius
displayed for war astonished all who
were not aware that throughout thc
history of the Union every General ol
renown has been a Southerner. Bril?
liant victories were won against num?
bers always superior, not seldom two?
fold. Washington was several times
in greater danger than Richmond.
The victories of Bull Run, Shiloh,
Fredericksburg, Manassas, Chancel?
lorsville, Mansfield. Olnstee, Chicka
manga ; the rout of the seven days
before Richmond ; the terrible battles
of Elk Horn, Murfreesboro, Sharps
burg, Gettysburg, the deadly repulse
of Petersburg ; the siege of Charles
ton, and heroic, unconquerable Sum
ter. When within four years wert
such names inscribed on the colors o.
an army, called straight from thc
plough into the field- ? The whole i:
now melting into the past, but ther(
is much that can never bo forgotten
The noble dignity of Lee, the Chris
tian heroism of Stonewall Jackson
the gallant daring of Stuart, the en
giueering skill of Beauregard, th<
self-devotion of Polk ; Longstreet
Johnston, Hood, Forrest, Ewell, am
a host of names, rise to remembrance
Last, but not least, the calm, resolut?
statesman, who was said by one of n<
mean authority to have made th<
South into a nation-Jefferson Davis
of him a few words may not be out o
place.
But the other day, Jefferson Dari;
was one of the world's foremost men
admired as a statesman, respected a
an earnest Christian, tho Washington
of another generation of the samt
race. "Now, none so poor as to di
him reverence." In this country
happily free from excitement, we cai
calmly weigh facts which others se
for the time through the distorting
media of prejudice and passion
Jefferson Davis simply followed th
example of George Washington. Bot]
were Southerners, both slave-owners
both levied war against an older Gov
eminent. Washington, a subject o
the British Crown, under which h
held a commission, committed an ac
of unquestionable treason. Jefferson
Davis was never the subject of Abra
hum Lincoln. He was the chose:
ruler of millions of the America:
people, twice as many as demande'
their independence from this country
Over them he ruled for years undo
all the most complete forms of coi:
stitutioual law. That such a ma
should be hunted down as a felon, i
one of the dark spots that will be lei
by this struggle em the page of Amer:
can history-of all the darkest. Th
charge which President Johnson at
tempted to fasten upon a fallen fo
has been scouted on every hand. Th
assassin of Mr. Lincedu was a stagi
stricken fanatic, incapable at the tim
of seeing that his crime would h
ruinous to those he thought to serve
After the surrender of Lee, even
the -whole Northern Cabinet had
perished, this could only have influ?
enced the result by rendering the
irresistible armies of Grant and Sher?
man more revengeful, and adding to
the sufferings of the vanquished.
Booth was not a Southerner, had no
connexion with any State of the Con?
federacy, had endured no outrage,
suffered no loss. It was well known
that his father's intellect was disorder?
ed, and that he had committed acts of
violence. The circumstances of the
clime-the theatre, the stage, tho
flourish, the quotation, the man's life,
his letters, his dying request to tell
his mother that he had done what he
thought for the best-all indicated
the individuality of tho act, the
originator, the intended hero of the
tragedy. It is one of the crimes that
throughout all history, and with all
nations, has invariably accompanied
such convulsions. No great disturb?
ance occurs in European history but
I some one comes forward to play this
j part. There is hardly a sovereign
I reigning in Europe whose life luis not
j been attempted; and there are those
old enough to remember the conspi?
racy of Thistlewood, when it was in?
tended to destroy the whole Govern?
ment of this country at a blow. So
far, then, from thc event being a rare
phenomenon, it was one to be antici?
pated; indeed, it seems to have been
expected by Mr. Seward. As in cer?
tain sanitary conditions certain dis?
eases athick the body, so amidst wars
and tumults this form of monomania
seizes on minds so predisposed. Ir
all this, however deplorable, there if
nothing astounding; but astounding
it is that a President of the United
States should bring a charge of com
plicity in such a crime against ai
eminent American statesman and sol
dier. To make such a charge heed
lessly without evidence of the oleares
character, was to bring an ineffaceabli
stain upon the dignity of his office
and the history of his country. 1
bears the aspect of an attempt t<
assassinate the reputation of a de
fenceless man. Amongst savages i
is the practice to gloat over the tor
tures of the defeated, to make a targe
of thc quivering body, and transfix i
with arrows, as a pastime. Civilize!
nations usually treat the victims o
war with humanity, even with gene
rosity. The whole conduct of th
Government in this matter of the eon
spiracy trial is painful in the extrcme
thc trial of an offence wholly uncos
nected with war by a court-martial
the composition of that court-it
president, its reporter, the little-tattl
received as evidence, and, beyond al
the secrecy attempted-carry us bac
to the worst usages of the darkes
times.
Jefferson Davis is now in the hand
of his enemies, and remains to b
tried for treason. If he had commit
ted this crime he would then stand o
a level with Washington, Kossutl
Garibaldi and others, hitherto th
objects of American admiration. Ca
the same thing be a virtue when othei
Buffer; and the blackest of erinn
when it injures ourselves? If he L
tried under the present excitemen
there can be little doubt as to tl
verdict ; but it cannot be suppose
that the American people will comm
such an act as to take any man's lil
for simply following the example <
their own idolized hero, and exorci
ing a right they are all taught 1
claim-"a most sacred right," as M
Lincoln declared it to be. Ami i
Mr. Johnson reiterates that treason
the greatest of crimes, we are led 1
examine how it is regarded by tl
Constitution of the United State
Hore, so far from being thus accoun
ed, it is selected from all other offence
not to be stigmatized, but to be dea
with gently, and hedged round wil
protections from extreme punishmen
Tims, Art. I, sec. 9: "No bill of ?
tainder shall be passed." Art. II
sec. 3: "No person shall be convict!
of treason unless on the testimony >
two witnesses to the sann; overt ac
or on confession in open court." J
Art. II, sec. -i, it is classed with brib
ry; and the 6th Amendment to tl
Constitution requires that the accus?
shall have the right to "a speedy ai
public trial by an impartial jury
the State and District wherein tl
crime shall have been committed
Art. IH, sec. 3, ordains that "no a
tainder for treason shall work cc
ruption of blood or forfeiture, exce
during the life of the person attai
ted." And if this trial is to be co
ducted calmly as an affair of Stat
the difficult task must be encounter
of disproving the right of a sovereif
State to withdraw from its union wi
the others, if any counsel dare to u
the argument. It is not general
believed in this country that such
right exista ; but Rawle, a comr
tent legal authority, a Northerner a;
devoted Unionist, asserts, in his wo
on the Constitution, that the right
inherent in the Federal system. That
the States were originally, each of
I them, a free, sovereign, and indepen?
dent power, is very certain, as they
were separately acknowledged by this
country i? these terms. That* their
union under the title of the United
States did not destroy the sovereignty
existing separately in each is also cer?
tain, as it is declared in the lirst Con?
stitution: "Each State retains its
sovereignty, freedom, and indepen?
dence." That each State is sovereign
under the present Constitution is also
certain, as it has been so decided on
several occasions by the Supreme
Court, a decision from which there is
no appeal. Now, if a sovereign State
j cannot withd raw from its union with
other States, there must be some
power which prevents it-a power
over it, and superior to its own will.
If so, its condition is that of infe?
riority or subjection to that highor
power, and therefore cannot be sove?
reign. No such power is known to
the Constitution, for the States are
all co-equal; and, what is popidarly
termed "the Government," is simply
the common administration, or Fed?
eral agent, to whom certain limited
powers were "delegated" by the States.
The recipient of a delegated power
cannot be superior in authority to
those of whom it is the delegate.
This would be to put the agent above
the principle, or the servant above
thc master; and where a sovereign
State "delegates" limited powers to
an agent for certain ends, it is difficult
to see that it cannot withdraw them
when those ends are not attained.
This right to withdraw, "to resume"'
them, was asserted by Virginia when
that State became a party to the Con?
stitution, and it was asserted in thc
solemn form of an act of assembly-s
law of the Statt?. Virginia, therefore,
in seceding from the Union, simplj
exercises the right which she r?serv?e
by law when she entered it. It ma\
be said that this law has no force be
youd her limits; but they who ac
cepted her adhesion to the Unioi
with this reserved right, solemnly
proclaimed to the world, cannot nov
complain that it is exercised; and in
deed it is difficult to see how air
State could have entered into tin
Federal compact without the powe
of withdrawing if its terms wer
broken. This was the only possibl
means of redress or escapo fron
wrong if committed by the majority
One of the points of the Constitutio:
will illustrate this. The small State
insisted that each, whatever its size
should have equal weight in the Soi:
ate, and that this should never b
altered to the prejudice of any Stat
without its own consent. It result
that the little strip of soil, Delaware
has its two members in tho Senat
equally with New York, a State e?
ceeding in all respects several of th
kingdoms of Europe. And if th
whole of the other thirty-five Stat?
should desire it, they cannot righ
fully alter this without the consent c
Delaware. But suppose they do a
with or without right, what mires
has Delaware? She could not outvol
or fight the others, and must eitht
submit to a breach of the compai
without redress, or retire from i
This may explain the remarkah
statement of Bawle. "This rigl
(that of secession) must be considere
au ingredient in the original compos
tion of the General Govern men
which, though not expressed, wi
mutually understood." That sue
understanding existed with the frame
of the Constitution, is proved by tl
fact that in the early debate; of Coi
gress under the existing Constitutic
the threat of seceding was made mo:
than once, and thc right to do so w?
not questioned. In the Constitntii
there is no principle that permits tl
coercion of a State. When suggest?
it was deliberately excluded; and
there be nothing that can lawful
coerce a Stato to remain, what cs
lawfully prevent its going?
And'if, as De Tocqueville held, tl
right of secession cannot be disprove
it follows that when the event occur
the State becomes a foreign power
regards the rest ; and if war ensu
the acts of its citizens are acts of wu
and not of treason. The difieren
produced by tho step is very materi:
If a citizen of Maryland were now
take up arms against the Federal G
vernment, he would commit an act
treason. But if that State shon
first secede, and call out its forces
resist invasion, ho must then respo:
to the call, in obedience to the laws
his land. Can he commit treason
acting in obedience to law ? Accoi
ing to the Washington theory, t
position of the Southern man wot
be hard indeed ; for if he obeyed t
Federal call, and should be found
anns against his State, he would
guilty of treason against the law
that State ; am", if he obeyed the St:
call, he is liov. charged with treas.
against the Federal Government.
Such a position cannot be tenable.
The law of the State plninlv absolves
the citizen who has no choice but to
obey it. Against the State itself, re?
dress may be desired and demanded ;
but it cannot be found rightfully in
that Constitution from which the
coercion of a State was excluded. A
traitor, too, takes up arms against the
Government that is over him, and
attempts to overthrow it. We cannot
find that any one attempted to over?
throw the Washington Government ;
on the contrary, strong efforts were
made by the South to enter into ami?
cable relations with it. But argu?
ments of this kind are not likely to
obtain much attention at a period of
such excitement. One that cannot
be overlooked is the fact that a state
of war was recognized by the Federal
Government. It was so adjudged not
only by prize courts, but by the Su?
preme Court, whose decision cannot
be set aside. It was recognized in
the exchange of prisoners, and various
conventions entered into during the
war. It was admitted in the most
striking manner by President Lincoln
and his Secretary of St-ite, who went
in person to treat with thc commis?
sioners of Jefferson Davis. It has
been said that all this was done under
the pressure of events, leaving rights
in abeyance, which may now be re?
vived. 13y this kind of argument
almost any breach of faith could be
defended. Whatever tho motives,
there is tho fact. It is impossible to
say that President Lincoln went to
negotiate with ambassadors appointed
by a traitor. Whoever treats with
the ambassador treats with the Go?
vernment, and with the head of that
Government ; and after this, Mr.
Johnson has no more right to charge
the hoad of that Government with
treason than we had to charge it upon
the Emperor of Russia at the close of
the Crimean war. We cannot take
opposite principles, change them
about, reverse them, leave them, re?
turn to them, to suit the convenience
of the day. No Government can play
fast and loose in matters of life or
death.
There are other considerations. For
four years, Jefferson Davis was the
appointed rider of eleven great States
-States, several of which had been
acknowledged as free, sovereign and
independent powers by the Govern?
ments of Europe. His dominion was
no mere insurgent district, but a
region ample enough for many king?
doms. He sent into the field great
annies, made illustrious by brilliant
victories and leaders of enduring re?
nown. Supported by a unanimous
people, he ruled in strict conformity
with the laws of the land and its con?
stitution. When vehemently urged,
as he was, to suppress the opposition
papers, which were ever buzzing and
stinging at Richmond, greatly to the
profit of the enemy, ho resolutely re?
fused to interfere with the freedom of
the press. When urged to ret?bate
the murder of ten men, shot in cold
blood, at Palmyra, by the Federal,
McNeil, under circumstances of atro?
city that none can read without a
shudder, he refused to listen to the
voice of natural indignation, and de?
clined to shed one drop of blood
except on thc open field of battle. In
all but penury-for his property fell
early into the enemy's hands, and his
salary, payable in the depreciated cur?
rency, soon afforded but the necessa?
ries of life-calm, dignified, swaying
with commanding intellect the able
men that surrounded him; eloquent
as a speaker, an el ?--> a writer giving
State papers to the woild which arc
amongst thc finest compositions in
our time, of warm domestic affections
in his inner life, and strong religious
convictions; held up by vigor of the
spirit that nerved an exhausted and
enfeebled frame-such was the chosen
constitutional ruler of one-fourth of
the American people, whom it is now
proposed to visit with a felon's death.
We do not belie\ e that such an act
w ill be perpetrated. Three minutes
may end that life on the scaffold, but
all tin* centuries to come cannot undo
the deed. We feel assured that there
are those in the North who will reflect
how such an act would read in the
future history of the countrymen of
Washington. Nor can there be want?
ing in the North men of sufficient
judgment to discern that the obsta?
cles in thc way of re-union are great
enough without adding another-a
spot that could never be washed out
whilst memory holds its place amongst
the people of the South.
And now that the struggle is ended,
the mind cannot be restrained from
some attempt to penetrate the future,
and form an opinion of its probabili?
ties. Aro the American people likely
to gain, or their institutions, by the
possession of a colossal Poland? It
has been the great argument or excuse
of the North for the invasion of the