THE LAW WHICH
CONTROLS AND THE INCENTIVE WHICH PROMPTS THE POLITICAL ACTION OF THE NORTHERN
STATES OF THE UNION
Richmond Semi-weekly Examiner, January 6, 1860
| This
editorial is interesting for many reasons, not the least of which
is its implicit assumption that New York Senator William H.
Seward would be the Republican nominee for President in
November. Less than two months after the publication of
this editorial, that applecart would be upset by Abraham Lincoln's speech at the Cooper Union. While there is little doubt that any
Republican candidate would be, almost by definition, anathema to the
South, this change did put the Southern opposition, at least briefly,
on the wrong foot. Lincoln was largely unknown to them. The text as presented in Southern Editorials on Secession contains two footnotes, and it is not entirely clear to the Publisher whether these were in the original publication or were added by Dumond. They are formatted here exactly as in Southern Editorials on Secession. |
|
Those who anticipated any
beneficial results from the Union meetings in the free States, have little
reason to rejoice at the evidences of popular sentiment and feeling recently
given in the most conservative city of the North, and in the interior of the
most wealthy, populous, and powerful State in the Confederacy. Not a fortnight
has passed since every paper in the South teemed with the details of a grand
Union meeting held in the city of New York. People were told that the dormant
but potent conservatism of the Empire State was aroused, and in spite of the
repeated failures of the spasmodic and intermittent efforts of that enfeebled
element in Northern society, the timid and credulous Union idolaters of the
South begun to receive this and similar demonstrations in the seaboard cities
of that section as omens of a popular reaction which was to end our political “thirty
years’ war,” and to furnish a cure for all the ills to which the body politic
is subject. But the ruling genius of free society was not alarmed by these magnificent
delusions, nor did it sleep over them. The high priest of Black Republicanism
was wandering back from his European tour, and the unexpected and unwelcome
appearance of RICHARD THE LION-HEARTED amid the sports at Ashby de la Zouche
did not appall the minions of his indolent and hollow-hearted brother, or
encourage the English loyalists more, than the sudden arrival of SEWARD
disconcerted the Conservative reactionists, and animated the Black Republican
cohorts. The thunders of an hundred cannon, the vociferous greeting of an
immense multitude, welcomed him to the commercial emporium of the Union; the
authorities of the city voted him its freedom. At Albany, at Syracuse, at
Auburn, he was received with every demonstration of public rejoicing, and with
all the assurances of popular confidence and support. From the villages and
rural districts of the interior came forth the sounds of a people’s welcome, as
if to a great public benefactor and a trusted representative of popular will
and sentiment. And why was this seen, amid a people not apt to pay for what it
has not received, nor particularly demonstrative of grateful or sudden impulses
of any kind? Why was this ovation rendered to the living politician by those
who had suffered the greatest genius their section had produced for half a
century to sink almost unnoticed and unhonored to his grave, and have
apparently forgotten him in less than a decade? Why does VAN BUREN vegetate at
Lindenwold, and why do PIERCE and FILLMORE still live unnoticed, “all weak and
withered of their force,” and indebted for casual mention and kindly memory to
Southern friends alone? Why are DICKINSON, SEYMOUR, O'CONNOR, CUSHING, &c.,1 seen only at fitful periods of temporary excitement and then forgotten in their
hopeless and profitless struggles for influence and position? Why is DOUGLAS
fast sinking in public esteem, even in the Northwest, and forced to cast his
eye Southward “with the lingering last look of despairing?” These men had
position, genius, ability, energy and great skill in public affairs, and all,
save one, are in the vigor of life. Why should they fall, in despite of
supports which generally sustain men greatly their inferiors? The answer is
simple: They were at war with the popular sentiment, which is the law of the
society in which they lived. Why does SEWARD head the political movements and
lead the people, their agents and representatives in the Northern section of
the Union? His abilities are fair, but not great, his name is connected with no
leading measure, with no marked event in the political history of the country;
his personal influence, even with his associates, does not seem to be
commanding; his competitors do not fear him in debate, nor in any intellectual
contest. Even in the Senate and in his own State, he was never known to have a
large personal following. But, although thus destitute of position, of the
qualities and the apparent elements of power, which are considered requisite to
make and mark a popular leader, he is the undisputed head of a great popular
party, in communities where the genius of unlimited popular sway riots in
licentious triumph. The solution of this problem is not difficult. He, alone,
of all the men of action and intellect in his section, saw early the law which
controls the mind of the Northern masses, and the incentive which impels the
Northern heart to recognize, to obey and to execute that law. He seized the
idea promptly, he grasped it firmly, and he retains and uses its power with
unscrupulous energy and with unremitting industry. When he proclaimed that the
people of the North had a “higher law than the Constitution,” he knew what he
said, and more, that the people for whom he spoke felt and acted on his idea, though
they might not understand or interpret his words. The law which commands
obedience to the mandates of the physical force of an unrestrained numerical
majority is the operative law, not only with the masses in the free States of
the North, but in all communities where no divisions or orders of society are
established or recognized, and where the conservative influence of domestic
slavery does not supply the deficiency of restraining checks. In the Northern
States the popular power has no check but the popular reason and will. A law
such as this acting upon a society singularly energetic and adventurous, greedy
after wealth and lusting for power, has no limit but the measure of its own
power, and that measure is the extent of the physical force of the numerical
majority of the people. That force is stimulated to action by one unvarying and
universal incentive: the desire for the acquisition and use of power and
property. The temper to acquire, the spirit to appropriate, thus unrestrained,
operates under a universal law of human nature with a continuous and
unremitting energy, against which plighted faith and constitutional checks will
ever prove feeble and worthless defenses. There is but one defense of practical
value and real efficiency: it is the ability and will of the minority to resist
the action of the ruling majority whether seen in the operation of established
government, or in the less usual form of unlicensed violence. The majority
makes, and construes, and executes the law.—The minority, while living under
government, but obeys and submits to the law thus made and construed. No
defense provided for it by mere government is in its control or at its service.
The majority does not even recognize the existence of the minority where the
idea of the supreme authority of the numerical majority prevails, as it does in
the Northern States of this Union. And SEWARD and his followers sweep away even
the restraints of good faith and plighted honor from their creed. The whole
history of Black Republican legislation demonstrates this. Upon their idea, as
the majority of 1859 is not the majority of 1860, the majority of this year
will not acknowledge the right of the majority of the last, to bind it by its
enactments, still less will it admit the law adopted by the ancestry in one
century as of binding authority upon the posterity in another. They at once
assert the right of the majority in a society to form laws for the government
of that society in reference to its then present condition, and they will not
be bound by restraints which forbid the majority, that is themselves, to assume
power which is within their reach, and which nothing but a law passed some
seventy years before (in their view) prevents their using. To a people
possessed with such an idea, and studiously taught to believe that this Union
and its government is but the government and Union of one people, the rights of
the States, and the construction of the Constitution, are of course no
barriers. They deny the right of resistance or secession to the States, and
they will alter or put their own construction on the Constitution. The prompt
annulling by some2, and the universal evasion of the Fugitive Slave Law by
all Northern States, and the refusal of the majority in that section to
recognize the decision of the Supreme Court in the Dred Scott case as law, are
but two of numerous instances in our history, to prove the inefficiency of
legal, judicial or constitutional defenses against the encroachments of
majorities who hold physical power. The Black Republicans did not reject the
validity of the compromises of 1850, on the special idea which operates with those
who adhere to constitutional compromises and attach to legislative compromises
only the moral weight of plighted faith and honor. No, they put constitutional
and legislative compromises on the same footing. If they do not denounce both “as
leagues with hell and covenants with death,” they hold them equally as unjust
restraints upon popular will and power. They hold the fundamental and ordinary
statute law as but the expressed will of the temporary ruling majority, and
binding only until another majority shall repeal them. SEWARD uttered no
sentiment construed as heretical by Northern politicians, when his higher law
doctrine is thus explained. Let any one converse with Northern politicians, or
read their speeches, and then reflect if this is not the prevailing sentiment
there. When the memorable Rochester speech was made, SEWARD was
still in unison and not in advance of Northern sentiment.—The announcement of
an irrepressible conflict between free and slave society, started no one North
of the Potomac, nor do we see why it should have surprised one South of it.—He
might desire, indeed, that the enthusiasts and political jobbers in the North
might apply this conflict to free and slave labor, but he knew that was not
true. Between rival kinds of labor in the same community, subject to the same
municipal regulations, there may be contests and antipathies—but the two kinds
must be really rivals, in actual contact, using the same markets, and vending
and buying the same articles. Between two kinds of labor, producing different
articles, bartering or selling the products of their industry to each other,
there is no antipathy, but a natural, mutual and rational dependence, and there
is peace and not conflict. And there is still more unity of interest and
inducements to peace, when they have no collision about local laws, are
separated by broad geographical lines, and have distinctive peculiarities due
to climate, habits and race. Neither SEWARD
nor the Black Republicans believe,
or act on any such absurdity, as the popular interpretation of this
speech
attributes to him. What was true, and what the history of anti-slavery
agitations proves to have been true in the beginning and to be equally
true
now, is the reality of a stern contest waged by the buying,
manufacturing,
trading, speculating populous section, to obtain uncontrolled power
over the
producing and sparsely populated Southern section of the Confederacy.
This
contest was the moving cause which made the aggressive section of the
Union
adopt the idea of the rightful supremacy of the physical force of the
popular
majority, as the ruling principle in free communities. And where such a
principle and such a nation control a majority in any society, there is
an "irrepressible conflict" between the two opposing sections. And it
must result in the abandonment of their principle, and the purifying
[of] their
motives, or in the ascendency of that section in the common government,
or in
the severance of the union of the two. One of the three results from
such a
conflict is inevitable. In uttering this idea SEWARD was but popularising a familiar
idea, and giving a less offensive expression to what might have startled the
timid ---------- 1. Daniel Stevens Dickinson of New York, Thomas H. Seymour
of Connecticut, Charles O'Connor of New York, and Caleb Cushing of
Massachusetts. |
Back to Causes of the Civil War (Main page) Back to Editorial Commentary Source: Dumond, Southern Editorials on Secession, pp. 5--11. Date added to website: Sept. 25, 2026 |