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the war of the Revolution had been fought, would have been reconciled to the adoption of the Constitution, by the declaration that the powers not delegated are reserved to the States? Unless the power of amendment be confined to the grants of the Constitution, there can be no security to the reserved rights of a minority less than a fourth of the States. I submit that the word "amendment " necessarily implies an improvement upon something which is possessed, and can have no proper application to that which did not previously exist.

The apprehension that was felt of this power of amendment by the framers of the Constitution is shown by the restrictions placed upon the exercise of several of the delegated powers. For example: power was given to admit new States, but no new State should be erected within the jurisdiction of any other State, nor be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of those States; and the power to regulate commerce was limited by the prohibition of an amendment affecting, for a certain time, the migration or importation of persons whom any of the existing States should think proper to admit; and by the very important provision for the protection of the smaller States and the preservation of their equality in the Union, that the compact in regard to the membership of the two Houses of Congress should not be so amended that any "State, without its consent, shall be deprived of its equal suffrage in the Senate." These limitations and prohibitions on the power of amendment all refer to clauses of the Constitution, to things which existed as part of the General Government; they were not needed, and therefore not to be found in relation to the reserved powers of the States, on which the General Government was forbidden to intrude by the ninth article of the amendments.

In view of the small territory of the New England States, comparatively to that of the Middle and Southern States, and the probability of the creation of new States in the large Territory of some of these latter, it might well have been anticipated that in the course of time the New England States would become less than one fourth of the members of the Union. Nothing is less likely than that the watchful patriots of that region

would have consented to a form of government which should give to a majority of three fourths of the States the power to deprive them of their dearest rights and privileges. Yet to this extremity the new-born theory of the power of amendment would go. Against this insidious assault, this wooden horse which it is threatened to introduce into the citadel of our liberties, I have sought to warn the inheritors of our free institutions, and earnestly do invoke the resistance of all true patriots.

PART III.

SECESSION AND CONFEDERATION.

CHAPTER I.

Opening of the New Year.-The People in Advance of their Representatives.--Conciliatory Conduct of Southern Members of Congress.-Sensational Fictions.— Misstatements of the Count of Paris.-Obligations of a Senator.-The Southern Forts and Arsenals.-Pensacola Bay and Fort Pickens.-The Alleged "Caucus" and its Resolutions.-Personal Motives and Feelings.-The Presidency not a Desirable Office.-Letter from the Hon. C. C. Clay.

WITH the failure of the Senate Committee of Thirteen to come to any agreement, the last reasonable hope of a pacific settlement of difficulties within the Union was extinguished in the minds of those most reluctant to abandon the effort. The year 1861 opened, as we have seen, upon the spectacle of a general belief, among the people of the planting States, in the necessity of an early secession, as the only possible alternative left them.

It has already been shown that the calmness and deliberation, with which the measures requisite for withdrawal were adopted and executed, afford the best refutation of the charge that they were the result of haste, passion, or precipitation. Still more contrary to truth is the assertion, so often recklessly made and reiterated, that the people of the South were led into secession, against their will and their better judgment, by a few ambitious and discontented politicians.

The truth is, that the Southern people were in advance of their representatives throughout, and that these latter were not

agitators or leaders in the popular movement. They were in harmony with its great principles, but their influence, with very few exceptions, was exerted to restrain rather than to accelerate their application, and to allay rather than to stimulate excitement. As sentinels on the outer wall, the people had a right to look to them for warning of approaching danger; but, as we have seen, in that last session of the last Congress that preceded the disruption, Southern Senators, of the class generally considered extremists, served on a committee of pacification, and strove earnestly to promote its objects. Failing in this, they still exerted themselves to prevent the commission of any act that might result in bloodshed.

Invention has busied itself, to the exhaustion of its resources, in the creation of imaginary "cabals," "conspiracies," and "intrigues," among the Senators and Representatives of the South on duty in Washington at that time. The idle gossip of the public hotels, the sensational rumors of the streets, the canards of newspaper correspondents-whatever was floating through the atmosphere of that anxious period-however lightly regarded at the moment by the more intelligent, has since been drawn upon for materials to be used in the construction of what has been widely accepted as authentic history. Nothing would seem to be too absurd for such uses. Thus, it has been gravely stated that a caucus of Southern Senators, held in the early part of January, "resolved to assume to themselves the political power of the South"; that they took entire control of all political and military operations; that they issued instructions for the passage of ordinances of secession, and for the seizure of forts, arsenals, and custom-houses; with much more of the like groundless fiction. A foreign prince, who served for a time in the Federal Army, and has since undertaken to write a history of "The Civil War in America”—a history the incomparable blunders of which are redeemed from suspicion of willful misstatement only by the writer's ignorance of the subject -speaks of the Southern representatives as having "kept their seats in Congress in order to be able to paralyze its action, forming, at the same time, a center whence they issued directions to their friends in the South to complete the dismemberment of

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the republic." * And again, with reference to the secession of several States, he says that "the word of command issued by the committee at Washington was promptly obeyed." †

Statements such as these are a travesty upon history. That the representatives of the South held conference with one another and took counsel together, as men having common interests and threatened by common dangers, is true, and is the full extent of the truth. That they communicated to friends at home information of what was passing is to be presumed, and would have been most obligatory if it had not been that the published proceedings rendered such communication needless. But that any such man, or committee of men, should have undertaken to direct the mighty movement then progressing throughout the South, or to control, through the telegraph and the mails, the will and the judgment of conventions of the people, assembled under the full consciousness of the dignity of that sovereignty which they represented, would have been an extraordinary degree of folly and presumption.

The absurdity of the statement is further evident from a consideration of the fact that the movements which culminated in the secession of the several States began before the meeting of Congress. They were not inaugurated, prosecuted, or controlled by the Senators and Representatives in Congress, but by the Governors, Legislatures, and finally by the delegates of the people in conventions of the respective States. I believe I may fairly claim to have possessed a full share of the confidence of the people of the State which I in part represented; and proof has already been furnished to show how little effect my own influence could have upon their action, even in the negative capacity of a brake upon the wheels, by means of which it was hurried on to consummation.

As for the imputation of holding our seats as a vantageground in plotting for the dismemberment of the Union-in connection with which the Count of Paris does me the honor to single out my name for special mention-it is a charge so dishonorable, if true, to its object-so disgraceful, if false, to its * "History of the Civil War," by the Count of Paris; American translation, vol. i, p. 122. + Ibid., p. 125.