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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 337   View pdf image (33K)
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337
political necessity; it is a juncture in which
it is inconsistent with logic and truth to speak
of constitutional rights. ' It is just precisely
that political position where original rights
take their origin.
I wish to speak for one moment longer
upon this branch of the subject, in re-
gard to this doctrine of coercion, and then I
shall conclude. My notes are rather volumi-
nous on that branch of the subject, because
it is one that appeals very strongly to my
sense of justice. I will only state that the
first result of this consolidation theory is
this: We have lived for seventy-two years
under the States' rights theory of govern-
ment; we have lived three years under the
consolidation theory—I am willing to risk
the comparison of the two extremes upon
the events to which each have given birth.
For seventy-two years this government was
administered upon the theory that the Fed-
eral Government was not to coerce; it never
in fact did coerce. For the three years last
past, it has pursued the policy of Coercion,
as one of the powers conferred upon it, under
the consolidated theory of its powers, and
observe the change.
This of course brings us to Some considera-
tion of the origin of the present strife in the
country, which it was my intention to avoid
if possible. But I will ay that I hold this
in reference to the war: that there was no
occasion for its origin; that there was no
justification for its commencement; that its
prosecution ought not to halve been begun,
and that it ought now to cease. That is
where I stand; that is the view I hold And
I hold it without offence lo anybody else,
because as long as I have fie protection of
the government under which I live, I shall
pay proper obedience to it and acknowledge
its authority. And I do not want to offend
the government or anybody who maintains
the power of the government.
Now look at the condition of this country
during the seventy-two years that the States'
rights theory prevailed. Was ever such a
spectacle of happiness and prosperity pre-
sented for the consideration of mankind? Not
to enter into further detail; take what I re-
gard as the very exemplification of the beauty
that sprang from the States' rights theory of
administering this government; the admin-
istration of Franklin Pierce, which, in my
judgment, was the crowning point of the
greatness we attained under the old system.
In the time of Mr. Pierce, you beheld then
States bound together by what at that time
was justly called this rope of sand; this Con-
stitution under the States' rights theory, hold-
ing the States together not by force, but
merely upon the principles of fraternity, the
principle upon which it was founded. We
bebold a country composed of those distinct
sovereign communities overloaded with
wealth, and with a population whose in-
crease history could furnish no parallel to;
with an industry surpassing anything ever
before recorded in the annals of mankind;
with an energy that hurst from every pore,
and with a creative wealth that drew its sus-
tenance from every quarter of the globe, and
expanded it-elf upon all branches of industry;
with a material grandeur and power such as
no other people have ever achieved in any
quarter of the world since history began.
That was our material condition.
Then in reference to our political condition.
These States existing, their rights acknowl-
edged, each one a sovereignty, the Federal
Government practically amere agent. There
stood the Federal Government under the
Presidency of Franklin Pierce, with practi-
cally no national debt, because the $17,000-
000 were not paid off because there was no
law authorizing the payment of the premium
that would call it in; no national debt, and
almost a quarrel in Congress as to what
should be done with the seventy or eighty
millions of surplus money in the treasury.
The people, like the government, owing
nothing and millions ahead; no taxes; the
Federal power not known to the people; no-
body dreamed of Federal excises. You had
the protection of the Government within its
proper sphere, as against foreign powers, and
as regards the exercise of any other powers
it possessed you had it without feeling it; for
ought you know there was no government,
but the Government of Maryland, which yon
daily felt in its operations,
And there was Mr. Pierce, the President of
this great, glorious and grand country. And
I speak now of a period which I regard both
in theory and in fact as the very culminating
point of all that civil government ever
achieved among men. There sat Mr. Pierce,
the President of this great confederation,
practically the head of this great nation. He
sat there, but instead of arrogating power
we found him, from day to day, exercising
his constitutional prerogative to veto bills
passed by Congress, in which they assumed
power to build hospitals, relieve the sick, es-
tablish agricultural colleges, aid railroads,
&c. Those bills he vetoed because, upon the
theory upon which he voted, be was un-
willing to depart from the old and popular
line of conduct, even to arrogate to the Gov-
ernment such trifling powers as those. The
condition of this people, the splendor and
greatness of this Government, as it stood at
the close of the administration of Franklin
Pierce is without parallel or approach in the
annals of mankind. It stood there and justi-"
fied itself. I do not speak of it in connection
with Franklin Pierce in the mere partizan
aspect of the subject. Some of the earlier
administrations of course were admirable.
But here the results of their earlier trials
were all embodied. Here the wealth, pros-
perity, material of the people coincided with


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 337   View pdf image (33K)
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