Circa1865

Many in the antebellum South viewed the theories advanced by abolitionists and the new Republican Party as threatening the Union they wished to remain in and forcing their withdrawal. As South Carolina was threatened with coercion in 1832 over nullification, those in the South wondered why the Northern States which nullified federal laws were not threatened with coercion – which well might have impelled those Northern States to secede.

Bernhard Thuersam, www.Circa1865.com

Theories of Conflict and Higher Law

“But whatever the real issue between the sections in the territorial dispute, there was no doubt, in the South at least, of the sectional objectives in defending or in opposing two new theories developed in the North during the decade of the fifties.

These were the theories of the “irrepressible conflict” and of the “higher law.”

Both were considered by the South to be incompatible [with the United States Constitution] . . . both were soundly denounced as a direct infringement of the principle of constitutional guarantees.

The theory of the “irrepressible conflict” was the joint product of Abraham Lincoln’s address before the Republican State Convention in Illinois, delivered on June 16, 1858, and of William Seward’s “Irrepressible Conflict” speech delivered at Rochester, New York, October 25, 1858.

This theory was denounced by every legitimate agency in the South from county assemblies to State conventions. On December 2, 1859, the General Assembly of Tennessee resolved “that we recognize in the recent outbreak at Harper’s Ferry the natural prints of this treasonable, “irrepressible conflict” doctrine put forward by the great head of the Black Republican party and echoed by his subordinates.”

The second of these theories — the theory of the higher law – [was championed by] William Seward of New York.

This theory doubtless sprang from the ranks of the abolitionists in the latter thirties, for as early as June 15, 1841, Representative Kenneth Raynor of North Carolina attacked the position of John Quincy Adams on the slavery question because he “has thrown aside law and Constitution, and has dared to put the issue of this question upon the high and impregnable ground of the Divine law”, a position which Raynor declared “sweeps away everything like human compact and rests the mutual rights of men on what the imagination of fanaticism may picture to itself as a Divine requirement.”

In February 1851, Robert Toombs discovered that a “great question is rising up before us [to] become a “fixed fact” in American politics. It is . . . sometimes called the higher law, in antagonism to our constitutional compact. If the first (i.e, higher law) succeeds, we have no other safety except in secession; if the latter (i.e, the constitutional compact succeeds) “liberty and Union, may be forever one and inseparable.”

Before the end of the following year, the “fixed fact” had found definite expression from the pen of William Hosmer in a volume of some two hundred pages entitled, The Higher Law. Within those pages, the author makes the following contention: “Men have no right to make a constitution which sanctions slavery, and it is the imperative duty of all good men to break it, when made . . . the fact that a law is constitutional amounts to nothing, unless it is also pure . . .”

On February 18, 1861, Fulton Anderson, commissioner from Mississippi to Virginia, warned the Virginia Convention that an “infidel fanaticism, crying out for a higher law than that of the Constitution . . . has been enlisted in this strife”; and in the Alabama Convention of that year L.M. Stone maintained that the “triumph of a Higher Law party, pledged to the destruction of our Constitutional Rights, forced us to dissolve our political connection with [the] hostile States.”

(The South As A Conscious Minority, Jesse T. Carpenter, New York University, 1930, pp 157-160)