Skip to content

Chapter III: On the Campagna (2)

Text size

His career of nineteen years in the House of Commons has been a series of successful efforts, not only contributing to his lasting fame as an orator and legislator, but achieving many important modifications in the commercial system and in public sentiment. He has been the life of the radical party, leading them on in their crusades against existing abuses with fearless audacity, encouraging them to renewed contests, animating them by the hopefulness and enthusiasm of his own soul, and by his lucid logic attracting new converts to his views with every year. The Radicals who, when he entered Parliament, were a mere handful, are already assuming, under the vigorous lead of Bright, Cobden, and Villiers, the proportions of a systematic and powerful element in the lower house. Caring little for the impotent sneers of an aristocracy in its dotage, and mindful only to advance systems of popular improvement and alleviation, he has become a nucleus around which has gathered the extreme wing of the liberal party. The last century beheld the profligate Wilkes and the shallow Burdett at the head of the ultraists; our own time is more fortunate in superseding vicious and unprincipled radical leaders by men more virtuous and ingenuous. The great manufacturing towns and districts, composed mainly of the lower orders of society, and devoted to the interests of commerce, as opposed to the narrow demands of the agricultural interest, have, owing in a great degree to Mr. Bright's exertions, become pillars of his party. Lord Palmerston, than whom a more sagacious politician does not or has not existed, testified his knowledge of the influence of the Bright party, by offering Mr. Cobden a seat in the Cabinet, and afterward by sending him as special agent of England to negotiate a commercial treaty with France.

John Bright has always shown himself a staunch friend to the prosperity of the United States. Whenever an opportunity offered in which to propose this country as an example worthy of the imitation of his own countrymen, he has never failed to urge the superiority of our system. His political ideas, approaching to republicanism, and abhorring the dominance of hereditary aristocrats, and a political Church, have found their theories realized in the admirable machinery of our own government. Untainted with that jealous prejudice which appears to animate many of his fellow-citizens, he can discern, and is ready to acknowledge, the superior efficacy of the principles which underlie our Constitution. No one has, of late, been more earnest in denunciation of the irritating policy of Great Britain toward America, than Mr. Bright.

His personal appearance is that of a hearty, good-natured, and yet determined Englishman, and both his form and face betoken the John Bull as much as any member of the House. His morals are of a high order, his honesty proverbial, his courage undoubted, his social character amiable, and calculated to make him welcome to every circle. It is said, that although opposed in the extreme to the political doctrines of Lord Derby, his personal relations with that aristocratic nobleman are not only friendly, but intimate; and that, after abusing one another lustily at Westminster, they retire together arm in arm, chatting and laughing as familiarly as if there never had been the least difference of opinion between them. Like Fox, in this particular, he never allows his partisan views to interfere with his social relations; and although he is a fierce and bitter antagonist on the benches of Parliament, no one is a more constant or a more zealous friend in private life. His efforts have always been enlisted in behalf of the education of the masses; conceiving that this is the foundation of a thoroughly popular political system, such as he is desirous to introduce into the British Constitution. Bred among a timid and peaceful sect, his opposition to wars has been determined and earnest; and he was one of those who, in 1854, sent a deputation to the Emperor Nicholas to urge an abandonment of his war policy, and the maintenance of peace, as the duty of a Christian race. He is, however, rather fitted to be a reformer and agitator than a statesman. He has all that enthusiasm, all that energy, all that courage, all that stubborn perseverance in the pursuit of his purpose, which distinguish the characters of those men who have conducted the great revolutions of society to a successful issue. Perhaps he would be found deficient in judging how far to proceed in innovation; but this, though an important, is not an essential element in the composition of the mere reformer. It is for him to lead on the people to great and startling changes, to overturn tyrannies, to break down old forms, to inculcate novel precepts, to regenerate public sentiment. These rather require an impetuous spirit, a bold heart, an active and restless mind, than calmness, judgment, and deliberation. It is when a new polity is to be erected, when revolution has passed away, and the crisis reached and left, when a constitution is to be framed, and new principles are to be brought to their test, that the steady process of a sound judgment is called into requisition. Then it is that the reformer yields to the statesman; that impulse retires before reason; that passion and confusion become subordinated to the elements of order and the authority of intellect. Many have been both the reformers producing and the statesmen correcting, revolutions; minds which, with the fire of enthusiasm, and the hot impulse of indignation at wrongs done, have united a judicious discrimination, a cool faculty of reflection, and the power of separating the benefits from the evils of revolution.

It is certain that Mr. Bright would be a fearless and zealous reformer; it is doubtful whether he would not give place to others in the after-work. Well qualified to lead an enthusiastic faction to a crusade against precedent and authority, he has thus far failed to show himself capable of conducting an administration. Among the statesmen of modern times, honesty and enthusiasm are not qualities which control the policy of the state. Compare the crafty demeanor, the dubious expressions, the cautious statements of Earl Russell, with the plain, rude, blunt harangues of Mr. Bright, and we perceive the qualities which have elevated the former, and those which have kept the latter in the background. Lord Russell thinks what is for his interest to think; Mr. Bright thinks what that homely monitor, his conscience, urges on him. Lord Russell might adopt all the consequences of universal suffrage, and the principles of free trade, if he could still sit at the council-board, and dictate dispatches with a double meaning to foreign governments; but he fears to go beyond, though he nearly approaches, the line which separates the popular from the unpopular reformer. Expediency, on the contrary, forms no part of Mr. Bright's creed; and, not being a scion of a noble and illustrious house, nor having attained a position in the state which might have made him a conservative, he has no hesitation in announcing his opinions in favor of universal suffrage and free trade, in opposition of a dominant aristocracy, and in defiance of a religious establishment, and dares with provoking coolness the retaliation of the great and powerful of the land.

Mr. Bright's oratory is of a fresh, vigorous, and versatile character, and never fails to draw a multitude to the House when it is announced that he is to speak. Unlike the hesitating and timid delivery of Russell, the rapid jargon of Palmerston, the rich and graceful intonation of Gladstone, or the splendid sarcasm of Disraeli, his eloquence is bold, masculine, and ringing, and gives a better idea of intellectual and physical strength than any other speaker in the House. Although blunt, and careless of the feelings of others, there is a certain elegance in every sentence, which softens the rude sentiment into a vigorous anathema. Accurate in fact, naturally easy in delivery, bitter in irony, and ingenuous in argument, few are ready to meet him on the floor of the Commons. He is a fair specimen of what we hear called 'the fine old English gentleman,' without the ignorance, the bigotry, the awkwardness, and the peevishness, which go to make up the characters of a large proportion of the country baronets and gentry; that is, he is hearty, cordial, and merry, entering with enthusiasm into whatever he proposes to do, and determined to leave no stone unturned to accomplish it. If he should live to see the day when his countrymen shall adopt the views of which he is the foremost champion, no honor of the state will be denied him, and his name will rank with those of William of Orange, and Lord Grey, as the regenerators of the British Constitution; and if he does not, he can not but be respected, as Milton and Sidney are, by future generations, for his honesty, his patriotism under difficulty, and his fearless spirit.

* * * * *

THE ANTE-NORSE DISCOVERERS OF AMERICA.

(CONCLUDED.)

THE CHINESE IN MEXICO IN THE FIFTH CENTURY.

The reader who would ascertain by the map whether it was likely that at an early period intercourse could have taken place between Eastern Asia and Western America, will have no difficulty in deciding on the geographical possibility of such transit. At Behring's Straits only forty miles of water intervene between the two continents, while routes by the Aleutian Islands, or through the Sea of Ochotsk, present no great difficulties, even to a timid navigator. And the Chinese and Japanese of earlier ages were by no means timid in their voyages. It is only within two centuries that their governments, alarmed by the growing power of the Western world, and desirous of keeping their subjects at home, prohibited the construction of strictly sea-worthy and sea-faring vessels. Even within the memory of man, Japanese junks have been driven to the California coasts.

Impressed by the probability of such intercommunication, Johann Friedrich Neumann, a learned German Orientalist, while residing in China, during the years 1829-30, for the purpose of collecting Chinese works, after investigating the subject, published its results in a work, subsequently translated by me, under his supervision. Among the first results of his inquiries, was the fact that 'during the course of many centuries, the Chinese acquired a surprisingly accurate knowledge of the north-east coast of Asia, extending, as their records in astronomy and natural history prove, to the sixty-fifth degree of latitude, and even to the Arctic Ocean.' From the Chinese _Book of Mountains and Seas_, it appears that the Esquimaux and their country were well known to the Chinese, and that in the sixth century, natives of the North and of the islands bordering on America, came with Japanese embassies to China. When it is borne in mind that the early Chinese geographers and astronomers determined on the situations of these northern regions, with an accuracy which has been of late years surprisingly verified by eminent European men of science, and when we learn that the Year Books or annals of China continually repeat these observations, and that their accounts of the natives of the islands within a few miles of the American shore are as undoubtedly correct as they are minute, we certainly have good reason for assuming that their description of the main land and its inhabitants is well worthy, if not of implicit belief, at least of an investigation by the savans of the Western World. Be it borne in mind, also, that during the first eight centuries of our own Christian era, a spirit of discovery in foreign lands was actively at work all over the East. In the words of Neumann:

'In the first century of our reckoning, the pride and vanity
induced by the Chinese social system was partly broken by the
progress of Buddhism over all Eastern Asia. He who believed in the
divine mission of the son of the King of Kaphilapura, must
recognize every man as his brother and equal by birth; yes, must
strive (for the old Buddhism has this in common with the Christian
religion) to extend the joyful mission of salvation to all the
nations on the earth, and to attain this end must suffer, like the
type of the God Incarnate, all earthly pain and persecution. So we
find that a number of Buddhist monks and preachers have at distant
times wandered to all known and unknown parts of the world, either
to obtain information with regard to their distant
co-religionists, or to preach the doctrine of the Holy Trinity to
unbelievers. The official accounts which these missionaries have
rendered of their travels, and of which we possess several
_entire_, considered as sources of information with regard to
different lands and nations, belong to the most instructive and
important part of Chinese literature. From these sources we have
derived, in a great degree, that information which we possess
regarding North-eastern Asia and the Western coasts of America
during centuries which have been hitherto vailed in the deepest
obscurity.'

The earliest account, given of extended travels on the North-American continent describes a journey from Tahan or Aloska to a distance, and into a region which indicates the north-west coast of Mexico and the vicinity of San Blas. The following is a literal translation made from the original Chinese report, by Neumann:

'THE KINGDOM OF FUSANG, OR MEXICO.

'During the reign of the dynasty _Tsi_, in the first year of the
year-naming[E] 'Everlasting Origin,' (Anno Domini 499,) came a
Buddhist priest from this kingdom, who bore the cloister name of
Roci-schin, that is, Universal Compassion, (_Allgemeins
Mitleiden_: according to King-tscheu it signifies 'an old
name,[F]') to the present district of Hukuang, and those
surrounding it, who narrated that 'Fusang is about twenty thousand
Chinese miles in an easterly direction from Tahan, and east of the
middle kingdom. Many Fusang-trees grow there, whose leaves
resemble the Dryanda Cordifolia;[G] the sprouts, on the contrary,
resemble those of the bamboo-tree,[H] and are eaten by the
inhabitants of the land. The fruit is like a pear in form, but is
red. From the bark they prepare a sort of linen, which they use
for clothing, and also a sort of ornamented stuff.[I] The houses
are built of wooden beams; fortified and walled places a unknown.

'THEIR WRITING AND CIVIL REGULATIONS.

'They have written characters in this land, and prepare paper from
the bark of the Fusang. The people have no weapons, and make no
wars, but in the arrangements of the kingdom they have a northern
and a southern prison. Trifling offenders were lodged in the
southern, but those confined for greater offenses in the northern;
so that those who were about to receive grace could be placed in
the southern prison, and those to the contrary in the northern.
Those men and women who were imprisoned for life were allowed to
marry. The boys resulting from these marriages were, at the age of
eight years, sold for slaves; the girls not until their ninth
year. If a man of any note was found guilty of crimes, an assembly
was held: it must be in an excavated place, (_Grabe_.) There they
strewed ashes over him, and bade him farewell, as if he were
dying. If the offender were one of a lower class, he alone was
punished; but when of rank, the degradation was extended to his
children and grandchildren. With those of the highest rank it
attained to the seventh generation.

'THE KINGDOM AND THE NOBLES.

'The name of the king is pronounced _Ichi_. The nobles of the
first class are termed Tuilu; of the second, Little Tuilu; and of
the third, Na-to-scha. When the prince goes forth he is
accompanied by horns and trumpets. The color of his clothes
changes with the different years. In the first two of the ten-year
cyclus they are blue; in the two next, red; in the two following,
yellow; in the two next, red; and in the last two, black.

'MANNERS AND CUSTOMS.

'The horns of the oxen are so large that they contain ten bushels,
(Schaeffel.) They use them to hold all manner of things. Horses,
oxen and stags, are harnessed to their wagons. Stags are used here
as cattle are used in the Middle Kingdom, and from the milk of the
hind they make butter. The red pears of the Fusang tree keep good
throughout the year. Moreover, they have apples and reeds; from
the latter they prepare mats. _No iron is found in this land; but
copper, gold, and silver are not prized, and do not serve as a
medium of exchange in the market._

'Marriage is determined upon in the following manner. The suitor
builds himself a hut before the door of the house where the one
longed for dwells, and waters and cleans the ground every morning
and evening. When a year has passed by, if the maiden is not
inclined to marry him, he departs; should she he willing, it is
completed. When the parents die, they fast seven days. For the
death of the paternal or maternal grandfather they lament five
days; at the death of elder or younger sisters or brothers, uncles
or aunts, three days. They then sit from morning to evening before
an image of the ghost, absorbed in prayer, but wear no mourning
clothes. When the king dies, the son who succeeds him does not
busy himself for three years with state affairs.

'In earlier times these people lived not according to the laws of
Buddha. But it happened that in the second year-naming 'Great
Light,' of song, (A.D. 458,) five beggar monks, from the kingdom
Kipin, went to this land, extended over it the religion of Buddha,
and with it his holy writings and images. They instructed the
people in the principles of monastic life, and so changed their
manners.'

Such is the account of Mexico, as given by the old Buddhist monk Hoei-schin. What is there authentically known of ancient America and its inhabitants which confirms his account?

In the Fusang tree we have, according to the opinion of Neumann, the _Agave Americana_ or Great American Aloe, called by the Indians Maguey, which is remarkably abundant in the plains of 'New-Spain,' and which supplies so many of the wants of its inhabitants even at the present day. An intoxicating drink, paper, thread, ropes, pins, and needles, (from the thorns,) and clothing, are all furnished by it, so that a traveler, observing the ease with which these are obtained, declares that in Mexico the Maguey plant must first be exterminated ere the sloth and idleness which now so generally afflict them, can be checked. Such a curious plant, supplying to such an extent, and so exclusively, so many of the needs of life, would naturally be the first object noted by an explorer.

Very remarkable is the observation that 'in this land no iron is found, and that copper, gold, and silver, are not prized;' from which we may infer that they were known, and probably abundant, and that they 'do not serve as a medium of exchange in the market.' It is needless to point out the fact that this was the case not only in ancient Mexico, but also in Peru, and that these were probably the only countries on the face of the earth where 'the precious metals' were held in such indifference. Be it observed that the monk Hoei-schin says nothing of the abundance of gold and silver; he simply remarks as a curious fact, that they were not used as a circulating medium.

In commenting on this record, Neumann judiciously reminds the reader that the information given by Hoei-schin and other Buddhist travelers, goes back into a period long anterior to the most remote periods alluded to in the wavering legends of the Aztecs, resting upon uncertain interpretations of hieroglyphics. One thing we know, that in America as in Europe, one wave of emigration and conquest swept after another, each destroying in a great measure all traces of its predecessor. Thus in Peru, the Inca race ruled over the lower caste, and would in time have probably extinguished it. But the Incas themselves were preceded by another and more gifted race, since it is evident that these unknown predecessors were far more gifted than themselves as architects. 'Who this race were,' says Prescott, (_Conquest of Peru_, chap. i. pp. 12, 13, ed. 1847,) 'and whence they came, may afford a tempting theme for inquiry to the speculative antiquarian. But it is a land of darkness that lies far beyond the domain of history.'

But as the American waves of conquest flowed South, it is no extravagant hypothesis to assume that the race of men whom the monk encountered in Mexico may possibly have had something in common with what was afterward found further south, in the land of the Incas. One thing is certain; that there is a singularly Peruvian air in all that this short narrative tells us of the land 'Fusang.' Fortified places, he says, were unknown; and Prescott speaks of the system of fortifications established through the empire as though it had originated--as it most undoubtedly did--with the Incas. Most extraordinary, however, is the remark of the monk, that the houses are built with wooden beams. As houses the world over are constructed in this manner, the remark might seem almost superfluous. It is worth observing that the Peruvians built their houses with wooden beams, and as Prescott tells us, 'knew no better way of holding the beams together than tying them with thongs of _maguey_.' Now be it observed, that the monk makes a direct transition from speaking of the textile fiber and fabric of the maguey to the wooden beams of the houses--a coïncidence which has at least a color of proof. It may be remarked, by the way, that this construction of houses 'tied up,' was admirably adapted to a land of earthquakes, as in Mexico, and that Prescott himself testifies that a number of them 'still survive, while the more modern constructions of the conquerors are buried in ruins.'

Most strikingly Peruvian is the monk's account of 'the Kingdom and the Nobles.' The name Ichi, is strikingly suggestive of the natural Chinese pronunciation of the word Inca. The stress laid on the three grades of nobles, suggests the Peruvian Inca castes of lower grade, as well as the Mexican; while the stately going forth of the king, 'accompanied by horns and trumpets,' vividly recalls Prescott's account of the journeyings of the Peruvian potentate. The change of the color of his garments according to the astronomical cycle, is, however, more thoroughly in accordance with the spirit of the institutions of the Children of the Sun than any thing which we have met in the whole of this strange and obsolete record. 'The ritual of the Incas,' says Prescott, 'involved a routine of observances as complex and elaborate as ever distinguished that of any nation, whether pagan or Christian. Each month had its appropriate festival, or rather festivals. The four principal _had reference to the Sun_, and commemorated the great periods of his annual progress, the solstices and equinoxes. Garments of a peculiar wool, and feathers of a peculiar color, were reserved to the Incas. I can not identify the blue, red, yellow, and black, but it is worthy of remark that the rainbow was his special attribute or scutcheon, and that the mere fact that his whole life was passed in accordance with the requisitions of astronomical festivals, and that different colors were reserved to him and identified with him, establishes a strange analogy with the narrative of Hoei-schin.

'Of this subject of the cycles and change of colors corresponding to astronomical mutations, it is worth noting that Montesinos[J] expressly asserts that the Peruvians threw their years into cycles of ten; a curious fact which has escaped the notice of Neumann, who conjectures that 'it may have been a subdivision of the Aztec period, or have even been used as an independent period, as was indeed the case by the Chinese, who term their notations 'stems.' It is worthy of remark,' he adds, 'that among the Mongols and Mantchous these 'stems' are named after colors which perhaps have some relation to the several colors of the royal clothing in the cycles of 'Fusang.' These Tartaric tribes term the first two years of the ten-year _cyclus_, 'green and greenish,' the two next, 'red and reddish,' and soon, yellow and yellowish, white and whitish, and finally, black and blackish.'

I am perfectly aware that Peru is not Mexico; but I beg the reader to keep in mind my former observation, that Mexico _might_ have been at one time peopled by a race who had Peruvian customs, which in after-years were borne by them far to the South. The ancient mythology and ethnography of Mexico presents, however, a mass of curious identities with that of Asia. Both Mexico and Peru had the tradition of a deluge, from which seven prisoners escaped; in the hieroglyphs of the former country, these seven are represented as issuing from an egg.

It is remarkable that a Peruvian tradition declares the first missionaries of civilization who visited them to have been white and bearded. 'This may remind us,' says Prescott, 'of the tradition existing among the Aztecs, in respect to Quetzalcoatl, the good deity, who, with a similar garb and aspect, came up the great plateau from the East, on a like benevolent mission to the natives.' In like manner the _Aesir_, children of Light, or of the Sun, came from the East to Scandinavia, and taught the lore of the Gods.

The Peruvian embalming of the royal dead takes us back to Egypt; the burning of the wives of the deceased Incas, reveals India; the singularly patriarchal character of the whole Peruvian policy is like that of China in the olden time; while the system of espionage, of tranquillity, of physical well-being, and the iron-like immovability in which the whole social frame was cast, brings before the reader Japan, as it even now exists. In fact, there is something strangely Japanese in the entire _cultus_ of Peru, as described by all writers.

It is remarkable that the Supreme Being of the Peruvians was worshiped under the names of _Pachacomac_, 'he who sustains, or gives life to the universe,' and of _Viracocha_, 'Foam of the Sea,' a name strikingly recalling that of Venus Aphrodité, the female second principle in all ancient mythologies. Not less curious was the institution of the Vestal Virgins of the Sun, who were buried alive if detected in an intrigue, and whose duty it was to keep burning the sacred fire obtained at the festival of Raymi.

'Vigilemque sacraverat ignem Excubias divûm æternas.'

This fire was obtained as by the ancient Romans, on a precisely similar occasion, by means of a concave mirror of polished metal. The Incas, in order to preserve purity of race, married their own sisters, as did the kings of Persia and other Oriental nations, urged by a like feeling of pride. Among the Peruvians, _Mama_, signified 'mother,' while _Papa_, was applied to the chief priest. 'With both, the term seems to embrace in its most comprehensive sense, the paternal relation, in which it is more familiarly employed by most of the nations of Europe.'

It should be borne in mind, that as in the case of the Green Corn festival, many striking analogies can be established between the Indian tribes of North-America and the Peruvians. Gallatin has shown the affinity of languages between all the American nations; at the remote age when the monk visited Mexico, it is possible that the _first race_ which subsequently spread southward occupied the entire north.

Let the reader also remember that while the proofs of the existence or residence of Orientals in America are extremely vague and uncertain, and supported only by coïncidences, (singular and inexplicable as the latter may be,) the _antecedent probability_ of their having come hither, is far stronger than that of the Norse discovery of this country, or even that of Columbus himself. When we see an aggressive nation, with a religious propaganda, boasting a commerce and gifted with astronomers and geographers of no mean ability, (and the accuracy of the old Chinese men of science has been frequently verified,) advancing century after century in a certain direction, chronicling correctly every step made, and accurately describing the geography and ethnography of a certain region, we have no good ground to deny the last advance which their authentic history claims to have made, however indisposed we may be to admit it. One thing, at least, will probably be cheerfully conceded by the impartial reader; that the subject well deserves further investigation, and that it is to be hoped that it will obtain it from those students who are at present so earnestly occupied in exploring the mysteries of Oriental literature.

* * * * *

STATE RIGHTS.

The theory of State Rights, as expounded by its advocates in its application to the several States of the American Union, is subversive of all government, and calculated to destroy our political organization. Its tendency is to weaken the central government by minute division of the power necessary for its maintainance. Without power to make its authority respected, no government can live. The doctrine of State Sovereignty detracts from this authority by lessening the power which upholds it. Thirty-four-States, each claiming exclusive authority to act independently on any given subject, have only one thirty-fourth part of the strength that they would have, were they all acting under and controlled by one central head. That central head in our Union is the Federal Government, formed by and growing out of the Constitution, and it must exist for the protection of each of its thirty-four members, as well as for itself, the connecting power. Its acts must not be disputed by any one of the States or by any number of them acting in concert. If one or more States may defy the central authority or attempt to withdraw from its government, any other States may do likewise, to the ruin of the political fabric erected at so much cost, and in its place would spring up scores of weak and unprotected communities. But, says the State rights advocate, this central power will have too much authority, too much control over the States; will become despotic, and in time destroy the liberties of the people. How? By whom will those liberties be destroyed? This central power, styled the Federal Government, is formed by the people, is of the people, is for the people, and has only such power as the people gave it; and thus being of and from the people, it (or they) can not destroy its (or their) own liberties. Were our government hereditary instead of elective; were our institutions monarchical instead of republican; had we privileged classes perpetuated by primogeniture, there might be some danger of placing too much power in the hands of the Federal Government; but formed as our institutions are, framed as our Constitution is, educated as our people are, there can be no fear of having the central power or general Federal Government too strong, or its authority supreme. Without strength there can be no authority; without authority there can be no respect; without respect there can be no government; without government there can be no civilization. The doctrine of State rights as applied to the communities forming the American Union, elevates the State over the nation, demands that the Federal shall yield to the State laws, and completely ignores the supremacy of the united authority of the whole people. This theory carried out logically, would make counties equal to States; towns equal to counties; wards and districts equal to towns; neighborhoods equal to districts and wards; and to come down to the last application of the principle, every one man in a neighborhood equal to the whole, in fact, superior, if the State rights doctrine be true, that the State is supreme within its own limits. The application of this principle ends society by destroying the order based on authority, and placing the State above the Nation, and the individual above the State. Civilized societies are but the aggregation of persons coming or remaining together for mutual interest and protection. This mutual interest requires certain rules for the protection of the weak from the encroachments of the strong in the society, as well as from outside enemies. These rules take the form of laws. These laws must be administered; their administration requires power. This power is placed in the hands of certain members of this society, community, or State, as the case may be, for the good of the whole State, and each individual claiming protection from the State, or whose interest is promoted by being a member thereof, is under moral as well as legal obligations to submit to this authority thus exercised by the chosen executors of the public will. Rights that might pertain to one man on an island by himself, do not attach to man in civilized communities. There he must not go beyond the landmarks established by law, and he agrees to this arrangement by remaining in the State or community. The same principle is equally applicable to the States of the American Union. Before the adoption of the Federal Constitution, they were separate, distinct, and so far as any central head or supreme governing power was concerned, independent States, or, in fact, sovereignties. True, they had tried to get along under a sort of confederation agreement, a kind of temporary alliance for offensive and defensive ends, but which failed from its own inherent weakness, from the lack of that cohesiveness which nothing but centralization can give. Prior to the adoption of the Federal Constitution, these different States were like so many different individuals outside of any regular society; were merely so many isolated aggregations of non-nationalized individuals. Experience showed them their unfortunate condition; as separate States they had no strength to repel a common enemy, no credit, no money, no authority, commanded no respect. So it is with an individual outside of society. These States were then in the enjoyment--no, not in the enjoyment but merely in possession--of State rights to the fullest extent. They had the right to be poor; the right to be weak; the right to get in debt; the right to issue bills of credit, (was any one found who thought it right to take them?) the right to wage war with any of their neighbors; the right to do any and all acts pertaining to an independent sovereignty; but these rights were not all that the people of these States desired; and after trying the independent and the confederate State policy until experience had shown the utter fallacy of both, they met in convention and passed the present Constitution, and formed themselves into ONE NATION. This Constitution, compact, copartnership, confederation, combination, or whatever it may be called, was and is the written foundation (voluntarily made) on which the NATION is built and maintained.

The charter, instrument, or Constitution, defines, by common consent and mutual agreement of the parties voluntarily forming it, the powers, rights, and duties of the national government growing out of and based on this Constitution. Among the powers thus delegated to the National or Federal Government, and to be used by the legislative authority thereof, are the following:

'ARTICLE I.--SECTION 8.

'The Congress shall have power--

'1. To lay and collect taxes, duties, imposts, and excises, to pay
the debts, and provide for the common defense and general welfare
of the United States; but all duties, imposts, and excises shall
be uniform throughout the United States.

'2. To borrow money on the credit of the United States.

'3. To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes.

'4. To establish a uniform rule of naturalization, and uniform
laws on the subject of bankruptcies, throughout the United States.

'5. To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures.

'6. To provide for the punishment of counterfeiting the securities
and current coin of the United States.

'7. To establish post-offices and post-roads.

'8. To promote the progress of science and useful arts, by
securing, for limited times, to authors and inventors the
exclusive right to their respective writings and discoveries.

'9. To constitute tribunals inferior to the Supreme Court.

'10. To define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations.

'11. To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water.

'12. To raise and support armies; but no appropriation of money
to that use shall be for a longer term than two years.

'13. To provide and maintain a navy.

'14. To make rules for the government and regulation of the land
and naval forces.

'15. To provide for calling forth the militia to execute the laws
of the Union, suppress insurrections, and repel invasions.

'16. To provide for organizing, arming, and disciplining the
militia, and for governing such part of them as may be employed in
the service of the United States, reserving to the States
respectively the appointment of the officers, and the authority of
training the militia, according to the discipline proscribed by
Congress.

'18. To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other powers
vested by this Constitution in the government of the United
States, or in any department or officer thereof.'

The first two words in this section--'the Congress'--completely annul the separate integrity of States. The Congress of what, and for what? The Congress of the UNITED STATES, acting for the UNITED States, as a UNIT, a WHOLE, a UNION. The only allusion in this section to any thing like a right existing in any State after the adoption of the Constitution, is the right to officer the militia, and these officers are to 'train' the militia, _under the direction of Congress_, and not under State laws--a clause which of itself strikes a decisive blow at the theory of independent State rights. In no one of these specifications is there a single allusion to any 'State.' Every power enumerated is given to the '_United_ States,' to the 'Union' formed by virtue of the Constitution. Never was there a more perfect absorption of atoms into one mass, than in these specifications; but to make the principle still stronger, and as if to remove any doubt as to 'State rights,' the first clause of the Ninth Section of the same Article expressly prohibits any State from importing certain persons after a given date, which, when it arrived, (in 1808,) Congress passed a national law stopping the slave-trade--a trade that some of the States would have been glad to encourage, or at least, allow, if they had had authority to do so. This right was taken from them by the Constitution, in the year 1808; up to that time they had that right; but after that date the right no longer existed, and Congress passed the law referred to, in accordance with the power given them by this clause of the Constitution.

But this First Article of Section Nine is not all in that section that smothers State rights; for Article Five declares that vessels bound to or from one State need not enter, clear, or pay duties in another. Why this specification, if the States were to be supreme in their own limits? (and this doctrine of State rights is, in its essence, supremacy.) Independent states exact clearances and entrances, and demand duties from foreign vessels, but never from their own. State rights are ignored in this Article. But to prevent any possibility of any State ever exercising the rights of sovereignty now claimed by the advocates of this most pernicious doctrine, from which has grown the present gigantic rebellion, Section Ten, of the same Article, goes on to declare that--

'1. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money;
emit bills of credit; make any thing but gold and silver coin a
tender in payment of debts; pass any bill of attainder, _ex post
facto_ law, or law impairing the obligation of contracts; or grant
any title of nobility.

'2. No State shall, without the consent of Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws; and the
net produce of all duties and imposts laid by any State on imports
or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and
control of the Congress. No State shall, without the consent of
Congress, lay any duty on tonnage, keep troops or ships of war in
time of peace, enter into any agreement or compact with another
State or with a foreign power, or engage in war.'

Language can not be stronger; intentions were never more clearly expressed; thoughts were never more explicitly set forth in words. Nothing is left for doubt; all is concise, positive, and binding. Nothing is left to be guessed at; nothing left that could be construed to mean that States 'may' or 'may not.' 'SHALL' and 'SHALL NOT,' are the words used to define what the States are to do or not to do. The very slight 'right' given to the States to lay duties for executing their inspection laws, carries with it a proviso, or command, that the proceeds of such duties must be paid into the National Treasury, and the very laws that the States might pass for this purpose must be approved by 'THE CONGRESS.' What Congress? The Congress of the UNITED STATES--of the UNION. Every vestige of State sovereignty, of 'State rights,' is utterly annihilated in these clauses.

Independent, sovereign states may and do make treaties, alliances, grant letters of marque, or coin money; in fact, no 'State' or sovereignty can exist without these powers; and the fact that these powers are all taken from and denied to the States of the American Union, is conclusive proof that the framers of the Constitution did not intend to allow the States the sovereignty now claimed for them, and which the rebellious States are endeavoring to maintain. This heresy must be exorcised now and forever.

Is there any thing more in the Constitution (and bear in mind that no right is claimed for any State except in accordance with this instrument, which is still in full force except in those rebellious States where this disorganizing doctrine of 'State rights' has uncontrolled sway) making the Union supreme and the States subordinate? What says the following section?

'Full faith and credit shall be given in each State to the public
acts, records, and judicial proceedings of every other State. And
the Congress may, by general laws, prescribe the manner in which
such acts, records, and proceedings shall be proved, and the
effect thereof.'

A State, therefore, _may_ so legislate, that is, it _may_ have acts and records, but each other State SHALL give to the records and proceedings of all the rest 'full faith and credit.' Does not this enactment thoroughly negative all theories of the exclusive supremacy of State rights? Independent sovereign States do not, in the absence of treaties, give any faith or credit to the records or proceedings of other independent states. Our States are not only compelled to do this, by this section, but must do so in accordance with the manner prescribed by 'the Congress' of the UNITED STATES, of the UNION, and of the NATION. No other congress is mentioned.

'SECTION 2.

'The citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States.'

By this clause a native or naturalized citizen of Maine can conduct business, hold and convey real estate (the highest civil, social, and judicial tests of citizenship) in the State of Georgia. The citizen of Minnesota can do likewise in New-York, and so of each and in all the States. Independent states or supreme sovereignties do not allow these privileges to any but their own citizens. The United States do not, neither do other nations. Citizenship must precede the right to hold and convey real estate. All governments are naturally jealous of the alien. By this clause, no American citizen can be an alien in any State of the American Union. He is a citizen of the nation. No State can pass any law demanding more of a citizen not born, though residing within its limits, than from one born therein, or place him under any restrictions not common to the native or other citizen of such State. Not a vestige of 'State' exclusiveness is there in the clause. Every idea of State supremacy is blotted out by it. A heavier blow is, however, dealt at State rights in the following section:

'The United States shall guarantee to every State in this Union a
republican form of government, and shall protect each of them
against invasion, and, on application of the Legislature, or of
the Executive, (when the Legislature can not be convened,) against
domestic violence.'

The greatest of all rights that an independent state can or may have, is the right to adopt its own form of government; but this clause completely destroys such right on the part of any State of this Union to frame its own form of government. No State, for example, can have a monarchical government; since the United States are to guarantee a _republican_ form: and no State can adopt an hereditary or theocratic government, because the UNITED STATES are bound to give each State a republican government. In like manner we might run through all the forms of government that have ever blessed or cursed our race, without finding one which can he adopted by any State of this Union, except the single form of 'republican,' named in the Constitution. But can a State bereft of the right to frame its own mode of government be said to be possessed of '_sovereign_' 'State rights,' or could a more effectual provision against their development have been formed than this?

'This Constitution, and the laws of the United States which shall
be made in pursuance thereof, and all treaties made, or which
shall be made, under the authority of the United States, shall be
the supreme law of the land; and the Judges in every State shall
be bound thereby; any thing in the Constitution or laws of any
State to the contrary notwithstanding.

'The Senators and Representatives before mentioned, and the
members of the several STATE LEGISLATURES, and all executive and
judicial officers, both of the United States and of the SEVERAL
STATES, shall be bound by oath or affirmation to support this
Constitution.'

This Constitution, these laws, these treaties, _shall be the supreme law_, no matter what 'State' constitutions and 'State' laws may declare. 'Shall!' is the word, and there can be no doubt as to its meaning. Again, members of the State Legislatures, and all officers of the several States 'shall' be bound to support the 'Constitution.' Where are the 'State rights' in these clauses? Every State and every State official is made subordinate to and an executive of the acts of the 'United States,' and the United States constitutes a '_nation_'. That is the only word which meets our case. WE ARE A NATION, not 'a tenant-at-will sort of confederacy.'

The waters of the Bay of New-York and of the Hudson river flow entirely within the States of New-York and New-Jersey. One of the vested rights of an independent state, is that known as 'eminent domain,' or supreme ownership, implying control. Apply this doctrine of State rights in this case, or rather, allow it to be applied by the States named above, and they could prevent the navigation of these waters by any but their own citizens or those to whom they might grant that privilege. If this doctrine of State rights is sound, these two States would have the right to levy tolls or duties on every vessel that sails those waters, as the State of New-York exacts tolls on her canals. Such power thus exercised, would cripple commerce, inconvenience the public, and utterly destroy all comity between the States. This exacting tolls for navigation of waters is one of the most offensive systems left us by past generations. It is so odious that modern governments decline to submit to it in cases where there is no doubt as to 'State rights,' as in that of the 'Sound Dues' exacted by Denmark. If, however, the State is supreme within its limits, it has a perfect right to exact such tolls. But no State in this nation has any such right under the Constitution. Its existence would destroy the Union by placing each State under the laws and exactions of either one of the others. The troubles growing out of such exactions would beget dispute; these disputes would beget open strife, which would end in open rupture and the downfall of the NATIONAL UNION.

The 'UNITED STATES,' 'the Union,' 'the Nation,' are _supreme_. The States, _as States_, are subordinate; as 'parts,' they are inferior to the 'whole.' The 'State rights' doctrine is wrong, disorganizing, destructive of national life, and must be destroyed.

Again, one grand evidence of a nation's or a people's civilization, is found in the correspondence, written and printed, conducted by the citizens. Barbarians have and need no correspondence. Civilization needs it, and can not exist without it. A migratory people like ours have more correspondence than older and less migratory nations. A citizen emigrating from Vermont to Illinois must correspond with the friends of his old home. The old friend in Vermont must know how the absent one 'gets along in the world.' To conduct this correspondence, the postal or mail service was devised. Before its existence the communication between separated friends and business people was uncertain, irregular, and mere matter of chance, to be conveyed by stray travelers, or not interchanged at all. The _necessities_ of civilization brought the postal or mail service into action. To conduct this service over a nation, requires the right of passage through the entire limits of the nation. This right, to be available, must have power to enforce its own requirements. It must be _central_, CONTROLLING, SUPREME. Without these, there would be no safety, no system, no uniformity, no regularity. To insure these to all the people of the States, the Constitution has wisely placed these powers in 'THE CONGRESS' of the Union, of the 'NATION.' In accordance with the powers thus vested in Congress, our present postal or mail service has been created. No State has a right to set up its own mail or postal system. No State has a right to interfere with the transportation of the national mails. 'The UNITED STATES MAIL,' is the term used. If any State had a right to establish a mail within its own limits, it would also have the right to prohibit or curtail the transportation of other States' mails through its limits. This right would destroy the entire system, and break up the interchange of correspondence so essential to our civilization. If the States had any such right, they could affix discriminating tariffs on the correspondence of other States passing through them. The State of New-York could, if this right existed, make the letters sent over its roads by the people of Massachusetts to the people of Ohio, pay just such tariffs for the 'right of passage' as it might choose. The absurdity and utter unreasonableness of this claimed right is so apparent as to need no argument against it.

Comments

Log in to leave a comment.

The Continental Monthly, Vol. 1, No. 5, May, 1862Chapter III: On the Campagna (2)

0%36 min left in chapter