Circa1865

New York Governor Horatio Seymour noted that “very few [Northern] merchants had been backward about importing [slaves] and selling them South” — and that “Slavery, in fact, was upheld by the great business firm of “Weaver, Wearer and Planter” — only one of the three partners of which resided in the South — but for the looms of New England and Old England [slavery] could not live a day.”  Seymour was also aware that passage of the Crittenden compromise would have forestalled the secession movement in the South, but the Republican party was determined to defeat it. Historian James Ford Rhodes later wrote that ‘it seems to me likewise clear that, of all the influences tending to this result [the compromise defeat], the influence of Lincoln was the most potent.”

Bernhard Thuersam, www.Circa1865.com

Let the South Withdraw

“It was [Seymour’s] belief, he declared, that if people asked themselves why the United States had split asunder in civil war, they had only to read Washington’s Farewell Address for their answer and find out how completely they had neglected the warning of their first President.

Men who were loyal to nothing less than the whole Union both North and South would have to fight the spirit of both North and South alike, for people who made their prejudices and passions “higher” laws than the laws of the land were by no means confined to the eleven States which had arrogated to themselves the dangerous right to secede.

A majority of the American people, he reminded his hearers, had not preferred Lincoln for President, and a large part of the voters had deplored his election as a calamity, but Lincoln had been chosen constitutionally and deserved a “just and generous support” – as long as he kept himself within the limits of that very Constitution by which he was entitled to his office.

What would it profit the North to conquer the South if it destroyed the compact of government in the process? Alexander Stephens, though he disapproved of secession, had followed his Georgia out of the Union; Seymour, though he disapproved of abolition and did not vote for Lincoln, stayed in the Union with New York.

Yet the war was a fact, and because the decision of it would depend on might, the men of the North would be most unwise to call the victory they fought for “right.” “We are to triumph,” Seymour warned his hearers, “only by virtue of superior numbers, of greater resources, and a juster cause.” The arrangement of his words is significant.

Slavery, he insisted, was not the cause of the Civil War, for slavery had always existed in the land; it was present when the Union was formed, and the people had prospered before it became a matter of dispute. Causes and subjects were frequently distinct: the main cause of the war was the agitation and arguments over slavery. [Seymour stated] “If it is true that slavery must be abolished to save this Union then the people of the South should be allowed to withdraw themselves from that government which cannot give them the protection guaranteed by its terms.” [It was Seymour’s belief that] To grant immediate freedom to four million uneducated Africans would disorganize, even if it did not destroy, the Southern States.”

(Horatio Seymour of New York, Stewart Mitchell, Harvard University Press, 1938, pp. 238-239)

Ambrose Bierce defined “Conservative” in his Devil’s Dictionary as “A statesman who is enamored of existing evils, as distinguished from the Liberal, who wishes to replace them with others . . .” Italian’s of the medieval period gave the title of “conservator” to guardians of the law; English justices of the peace originally “were styled custodus pacis – conservators of the peace.” In the modern sense, the word implies the principles of thought and action which opposed the radicalism and political innovation of the French Revolution.

Bernhard Thuersam, www.Circa1865.com

America’s Conservative Catastrophe

“[A Tory] party in the old English sense scarcely existed in [British] America. Political debates usually occurred between two factions of Whigs, both attached to the Whig idea of liberty, but differing as to means and the relationship with the Crown. The triumph of the Patriots in the Revolution expelled from the Thirteen Colonies what little Toryism existed there, and along with it many of the moderate Whigs.

For all that, recent scholarship inclines toward the view that the American Revolution was no revolution truly, but simply a War of Independence – a revolution (in Burke’s phrase concerning the Glorious Revolution of 1688) “not made, but prevented.”

The intellectual leaders of the Americans during the troubled period of Confederation, were men, most of them, of a conservative tendency – John Adams, Gouveneur Morris, John Jay, Hamilton. Even Jefferson . . . was no frantic innovator.

Most other Southern leaders, such as Pinckney or Mason, differed more about means than about the ends of society: their view of the state was conservative – viewed that is, from a twentieth century vantage point. Even some eminent radicals of the time, notably Patrick Henry, grew steadily more conservative as responsibility settled upon them.

And the Federalist Papers, written to obtain acceptance of the Constitution, reflect the conservative concepts of moderation, balance, order and prudence – together with those conservative guarantees of prescriptive usage, arrangement of political checks, restrictions upon power, protection of private property, and restraints upon popular [democratic] impulses.

During the early years of the United States, the chief political contests many be regarded as long, acrimonious debate between two powerful conservative interests – the mercantile interests of the North, the agricultural interests of the South – confused by lesser issues and personalities.

The catastrophe of the Civil War dealt a grim blow to reflective conservatism, North or South. In the Gilded Age, little political principle of any kind could be distinguished. As the United States grew into the greatest power in the world . . . conservative concepts were discussed again . . . [though the] Great Depression and ascendancy of Franklin Roosevelt seemed to quash this renewal of conservative thought.

Until the first administration of Franklin Roosevelt, the term “liberal” had not been popular among American politicians; but Rooseveltian liberalism swept everything before it during the 1930s and 1940s. Not until the 1950s did there appear, or reappear, a strong body of conservative thought, expressed in books and periodical literature, to challenge the dominant liberalism . . .

[An] American conservative, at least as the term is employed popularly, is a person who believes strongly that the old pattern of American society ought not to be much altered. Typically, such a person holds by the Constitution, maintaining that it should be strictly interpreted; he endeavors to oppose the drift toward political centralization; he dislikes organizations on a grand scale, in government, in business and industry, in organized labor; he is a defender of private property; he resents the heavy increase of taxation and many of the “transfer payments” of the welfare state; he is unalterably opposed to the Communist ideology . . . and sighs, or perhaps shouts O tempora! O mores! at the decay of private and public morality.”

(The Essential Russell Kirk: Selected Essays; George A. Panichas, editor, ISI Books, 2007, excerpts, pp. 14-16)

Only four years after Senator Josiah Bailey’s spoke on the floor of the United States Senate below, Southern Democrats were forming their own Democratic Party dedicated to lost Jeffersonian principles. FDR had already corrupted many Democrats who supported his socialist New Deal policies and a proposed “Federal” ballot which would overthrow a State’s authority of holding elections.

Bernhard Thuersam, www.Circa1865.com

Southern Democrats Defend the Constitution

“On the second anniversary of Pearl Harbor – December 7, 1943 – Senator Josiah Bailey of [Warrenton] North Carolina, exasperated at frequent contemptuous references to “Southern” Democrats by national party leaders and disturbed over a decided anti-Southern trend in the Democratic Party, stood on the floor of the United States Senate and, in a blistering speech, warned the aforesaid Democratic leaders that there was a limit to what the South would stand from them.

At the same time, he outlined a course by which Southern Democrats could break off relations with the national party and bring about a situation in which the South would hold the balance of power in American politics.

Another presidential election was approaching and already there was a definite movement to “draft” President Roosevelt for a fourth term. For many days the Senate had debated a measure that proposed to empower the federal government to hold Presidential and Congressional elections among the men and women of the armed forces, using a federal ballot.

This measure was introduced by a Democrat and was being supported by Democrats and the Roosevelt administration, in spite of the obvious fact that it denied the fundamental Democratic Party doctrine that elections may be held only by authority of State governments and that under the Constitution the federal government has absolutely no authority to hold elections. But the most vigorous opposition also came from Democrats, principally Southern Democrats. It resulted in a notable debate on constitutional principles such as seldom been heard in Congress.

The Senate rejected this federal ballot proposal . . . But this did not prevent Senator Joseph Guffey of Pennsylvania from charging, in a newspaper statement, that the federal ballot had been defeated by an “unholy alliance” of Southern Democrats and Northern Republicans. Guffey designated Senator Harry F. Byrd of Virginia as the Democratic leader of “the most unpatriotic and unholy alliance that has occurred in the United States Senate since the League of Nations for peace of the world was defeated in 1919.”

Senator Byrd took care of Guffey on the morning of that December 7^th by giving the Pennsylvania Senator a thorough verbal skinning. It was about as neat a dressing down as could be administered within the rules of the Senate. But Guffey’s references to “Southern” Democrats had angered Senator Bailey.

What’s wrong, Senator Bailey demanded, with being a “Southern” Senator or a “Southern” Democrat? “I would remind these gentlemen who speak of us as “Southern” Democrats,” he said, “these Democrats, these high lights of the party, these beneficiaries of our victories during the last ten years – I would remind them that Southern Democrats maintained the Democratic Party and kept it alive in all the long years of its exile, when it had no place in the house which our fathers had built, when it was not permitted to serve around the altars which our forefathers had made holy.”

(The South’s Political Plight, Peter Molyneaux, Calhoun Clubs of the South, 1948, excerpts, pp. 1-4)

The ratification of the Constitution was a difficult and contentious process, and those in the American South saw it primarily to the benefit of the North. Rawlins Lowndes declared in South Carolina’s 1788 convention that he was satisfied with the Articles of Confederation, and assailed the Constitution because it would lead to monarchy, and that Northern majorities in Congress would cause injury to South Carolina’s interests.

Bernhard Thuersam, www.Circa1865.com

Early Southern Concerns of Northern Domination

“It is a little strange, but the textbooks in general American history and political science used in American colleges and universities do not say that ratification of the Constitution was opposed in the South on sectional as well as other grounds. This even though the historians of Virginia have pointed out time and time again that fears for Southern interests played a most important role in the convention of 1788 of that State.

Perhaps the narrators of the nation’s history, being often Northerners, are not acquainted with the chronicles of the Old Dominion. Perhaps they are not so familiar even with their Jefferson as they would have us believe, for Jefferson declared that the struggle over ratification was sharper in the South than elsewhere – because of the fact that Southerners believed the Constitution did not offer sufficient protection against Northern domination.

Perhaps they have relied too much upon the Federalist Papers, which refer only briefly, although pointedly, to Southern sectionalism, saying that failure to put the Constitution into effect would probably lead to the formation of a Southern confederacy.

George Mason, sending to Northern Anti-federalists arguments against the Constitution, carefully omitted his Southern dissatisfactions, which would hardly have given strength to the enemies above the Mason-Dixon line. In Virginia he was ardent, and in Virginia the great decision regarding the Constitution was made. The issue was long doubtful in the Old Dominion; and had Virginia said nay, North Carolina would have persisted in her negative vote.

It is hardly necessary to say that an American union without the two States could hardly have been formed, could hardly have endured.”

(The First South, John Richard Alden, LSU Press, 1961, excerpt, pp. 99-100)

The Constitution which replaced the Articles of Confederation was a New England-inspired initiative intended to have a centralized government better protect its commercial and maritime interests. Had the South not compromised on that Constitution, it is likely New England would have seceded from the Confederation to form their own commercial union with its neighboring States.

Bernhard Thuersam, www.Circa1865.com

New England Contemplates Secession in 1786

“In view of the sectional troubles which arose during the War of Independence and continued into the period of the [Articles of] Confederation, it is not surprising that the proposed admission of new States also caused sectional dissention. Southern opposition helped prevent the admission of Vermont; and Northerners became concerned as it became ever more likely that Kentucky would seek to be recognized as a State.

If, in the years 1785-1786, when economic depression afflicted the entire Confederation, Southerners were unhappy because Northerners were lukewarm or hostile to Southern expansion, Northerners were discontented because Southerners were neutral toward or opposed to measures which would have benefited the maritime trade of the North.

Merchants of New England and the Middle States wanted protection for their shipping against British competition, especially after Parliament decided to treat the Americans as foreigners and applied the British navigation laws to them. Accordingly, New England sought to amend the Articles of Confederation so as to give Congress powers to regulate interstate and foreign commerce and to levy import and export duties toward that end.

Even though the proceeds of these taxes were to go to the States in which they were collected and power to cut off commerce was expressly reserved to them, Southerners in Congress, especially Virginians, objected strenuously. Members of the Virginia legislature also evidently protested.

They feared that Congress would use these powers to prevent British ships from coming to Southern shores and so to confer upon Northern shipowners a monopoly of the Southern overseas traffic. Certainly the Yankees wished to get as much of that business as they could; and American shipping was concentrated in the Northern ports, being relatively scarce in the Southern ones.

Indeed, by 1786, it had become seemingly impossible to make changes in the Articles of Confederation, these requiring both action by Congress and the sanction of all thirteen State legislatures. In August of that year when James Monroe reported that New Englanders were considering the formation of a separate union, he was not entirely in error. Wrote Yankee Theodore Sedgwick on the 6^th of that month:

“It well becomes the [north]eastern and middle States, who are in interest one, seriously to consider what advantages result to them from their connection with the Southern States. They can give us nothing, as an equivalent for the protection which they desire from us but a participation in their commerce. Even the appearance of a union cannot in the way we now are long to be preserved. It becomes us seriously to contemplate a substitute.”

(The First South, John Richard Alden, LSU Press, 1961, excerpt, pp. 69-72)

John C. Calhoun noted that the claim of supremacy by the federal government “will be scarcely denied by anyone conversant with the political history of the country.” He then asked “what limitation can possibly be placed upon the powers of a government claiming and exercising such rights.” The case of State citizenship prior to the War, which few denied and which caused Southern men to view supreme allegiance to their particular States, is one that changed in 1865. Afterward, the central government viewed all as citizens of the United States, a revolutionary legal definition with no basis in the United States Constitution. As an example of State subordination to federal domination, the word “state” is not capitalized as it once was.

Bernhard Thuersam, www.Circa1865.com

Citizens of the States

“The Senator from Delaware (Mr. Clayton), as well as others, has relied with great emphasis on the fact that we are citizens of the United States. I do not object to the expression, nor shall I detract from the proud and elevated feelings with which it is associated; but I trust that I may be permitted to raise the inquiry:

In what manner are we citizens of the United States without weakening the patriotic feeling with which, I trust, it will ever be uttered?

If by citizen of the United States he means a citizen at large, one whose citizenship extends to the entire geographical limits of the country, without having local citizenship in some State or territory, a sort of citizen of the world, all I have to say is, that such a citizen would be a perfect nondescript; that not a single individual of this description can be found in the entire mass of our population.

Notwithstanding all the pomp and display of eloquence of the occasion, every citizen is a citizen of some State or territory, and, as such, under an express provision of the constitution, is entitled to all privileges and immunities of citizens in the several States; and it is in this, and in no other sense, that we are citizens of the United States.

The Senator from Pennsylvania (Mr. Dallas), indeed, relied upon that provision in the constitution which gives Congress the power to establish [a] uniform rule of naturalization; and the operation of the rule actually established under this authority, to prove that naturalized citizens are citizens at large, without being citizens of any of the States.

I do not deem it necessary to examine the law of Congress upon this subject . . . though I cannot doubt that he (Mr. D.] has taken an erroneous view of the subject.

It is sufficient that the power of Congress extends simply to the establishment of a uniform rule by which foreigners may be naturalized in the several states or territories, without infringing, in any other respect, in reference to naturalization, the rights of the States as they existed before the adoption of the constitution.”

(Union and Liberty: the Political Philosophy of John C. Calhoun; Ross M. Lence, editor, Liberty Fund, 1992, excerpt, pp. 443-444)

The framers of the Articles of Confederation, our first constitution, had no intention of re-creating in America a form of centralized government like that they were fighting to overthrow. There is no doubt that they believed in the independence and equality of the State legislatures, which were close to the people represented. The framers of the subsequent Constitution were of the same mind, and the creation of the Bill of Rights underscored their fear of centralized government – and the Tenth Amendment was inserted for a reason. That amendment in execution is as simple as its words: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The destruction of Southern governments between 1861-65 was simply the overthrow of the latter Constitution by illegal usurpations by Lincoln; in supporting those usurpations, the Northern States lost their freedom and independence as well.

Bernhard Thuersam, www.Circa1865.com

The Universal Principle of Free Societies

“States’ rights? You can’t be serious! What do you want to do – restore Jim Crow or bring back slavery?” Any serious discussion of the American republic comes aground on this rock, and it does not matter which kind of liberal is expressing the obligatory shock and dismay . . . looking for ways to pander and slander his way, if not to fame and fortune, then at least to expense account lunches and regular appearances on C-SPAN.

Even out here on the frontier, every hicktown mayor and two-bit caporegime knows how to scream racism whenever the rubes get in the way of some vast public works project that promises an endless supply of lovely tax boodle.

In my wild youth – a period which, for Republicans, only ends in the mid-40s – I used to make historical and constitutional arguments to show the agreement with Adams and Jefferson on the limited powers of the national government. I would cite the opinion of Northern Jeffersonians and point to the example of Yankee Federalists who plotted secession (in the midst of war) at the Hartford Convention of 1814, but the argument always came back to race.

No one in American history ever did anything, apparently, without intending to dominate and degrade women, Indians and homosexuals. This reducto ad KKK is not confined to the political left; it is practiced shamelessly by right-to-lifers who equate Roe vs Wade with Dred Scott and by most of the disciples of one or another of the German gurus who tried to redefine the American conservative mind.

States’ rights, home rule, private schools, and freedom of association are all codewords for racism, and when someone aspiring to public office is discovered to be a member of a restricted or quasi-restricted country club, instead of telling the press to mind their own business, he denounces himself for right-wing deviationism, fascism, and ethnic terrorism.

He resigns immediately – thus insulting all his friends in the club who are now de facto bigots – and begs forgiveness. So long as a group is “Southern” or “Anglo” or “hetero” or even exclusively Christian, it is a target, and then the inevitable attack does come, many of the members run for cover, eager to be the first to find safety by denouncing their former allies.

The great mistake the right has made, all these years, is to go on the defensive. The federal principle that is illustrated by the traditional American insistence upon the rights of the States is not only ancient and honorable: It is, in fact, a universal principle of free societies and an expression of the most basic needs of our human nature.

To defend, for example, the Tenth Amendment is a futile gesture if we do not at the same time challenge leftists to justify the monopolization of power by a tiny oligarchy. Under “leftist” I include, in very crude terms, anyone who supports the New Deal, the welfare state, and the usurped powers of the federal courts. It is they who, as lackeys of a regime that has deprived families and communities of their responsibilities and liberties, should be in the dock explaining their record as wreckers of society and destroyers of civilization.”

(The Great American Purge, Thomas Fleming, Chronicles, April 1999, excerpts, pp. 10-11)

The framers of our second constitution in 1787, as they did in their previous Articles of Confederation, clearly intended to protect their States, and their citizens, from an oppressive central government like the one they had just freed themselves from. And in no way would they have wanted a federal agent intruding into State domains and forced compliance with regulations formulated by distant bureaucrats. With an all-powerful federal bureaucracy emerging victorious in 1865, no State – North or South – could dare challenge the federal interpretation of the Constitution or what passed for federal law.

Bernhard Thuersam, www.Circ a1865.com

Judicial Overthrow of State Governments

“Two hundred and eight years ago, when the Tenth Amendment to the United States Constitution was ratified, there was general agreement with its text: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Two hundred and eight years ago, Americans thought of themselves as citizens of their States first, and only secondarily as citizens of a national federation. Now it is unclear that most Americans are aware of the Tenth Amendment, let alone the principle that the federal government is supposed to be one of limited and enumerated powers.

How did we come to this pass? Is there any hope that the federal courts will once again read the Constitution and, at least to the extent implied by that document, resurrect something of the doctrine of States’ rights? [Even] Washington, Hamilton and Madison would have been astonished at present-day incursions of the central government and its courts.

Passed after the Civil War, the 14^th Amendment was originally designed to allow newly freed blacks to own property and to make contracts. But it became a tool, in the hands of mid-20^th century federal courts, to impose a centralized, secularized and egalitarian social system on the entire nation.

Federal judges began to read the 14^th Amendment provisions that no State should be permitted to deprive any person of the “equal protection of the laws” nor to deprive any person of life, liberty, or property without “due process” as a license to turn the restrictions of the Bill of Rights against the States and to set up strict rules about which State policies were permissible and which were not.

With the scantiest evidence, and in the face of overwhelming data to the contrary, the Supreme Court declared that the 14^th Amendment was designed to “incorporate” at least some, and perhaps all, of the protections of the Bill of Rights against State governments.

There is no doubt that the Bill of Rights, the first ten amendments to the Constitution, had been drafted in the late 18^th century in order to reassure the proponents of strong State governments that the federal government would not infringe on the sovereignty of the States or their people. Without even acknowledging the usurpation, the federal courts turned the Bill of Rights into a tool to reduce radically the discretion of the State governments.

The First Amendment clearly provides, for example, that “Congress shall make no law abridging freedom of speech . . . or regarding an establishment of religion,” but the congressional prohibition was soon read – blatantly contrary to the intention of the frames of the Bill of Rights, if not the framers of the 14^th Amendment itself – to extend to State legislatures and officials as well.

It may be too late to save State sovereignty and the original intention of the Constitution. A slew of bold supreme Court appointments by a conservative Republican president might help, but so far only Justices Thomas and Scalia, and occasionally Justice Rehnquist, have acknowledged that the Court has been operating for one or two generations in clearly unconstitutional territory.”

(Sisyphus and States’ Rights, Stephen B. Presser; Chronicles, April 1999, excerpt, pg. 13-14)

In his May 1, 1861 message to the North Carolina General Assembly, Governor John Ellis of referred to the “Northern Government” and that “they have drawn the sword against us and are now seeking our blood. They have promised to partition our property and the earnings of our people among the mercenary soldiers after our subjugation shall be effected. All fraternity of feeling is lost between us and them. We can no longer live with them. There must be a separation at once and forever.”

Bernhard Thuersam, www.Circa1865.com

“In Defense of Their Traditional Liberties”

“Although North Carolina had soon after the adoption of the Federal constitution taken steps to prevent the importation of Negroes, not only from abroad but from any other State, yet in the progress of time the system of slavery became strongly engrafted on her social structure, and the agitation of slavery question excited her people greatly.

Periodically this agitation stirred the people and animated them to maintain with steadfastness the right to manage their own domestic, local concerns in their own way.

At length when it was declared that an “irrepressible conflict” had arisen, and that the “Union could not exist half slave and half free,” it came to be regarded that the limitations of the Federal constitution were no longer to be observed, and that the abolition party would seek to abolish slavery. This led South Carolina and other commonwealths to the South to withdraw from the Union.

The question of holding a convention for the purpose of withdrawing was submitted to the people of North Carolina in the spring of 1861, but so conservative were they and so attached to the Union, that they separated themselves from their Southern brethren and refused to call the convention. The difference between the votes was, however, small — only about 250 in the poll of the entire State.

Such was the situation, when in April 1861, Fort Sumter was bombarded and President Lincoln called on North Carolina to furnish her quota of troops to coerce the seceding States. These events changed the aspect of affairs in North Carolina instantaneously. All differences ceased.

Union men, who, like George E. Badger, did not hold to the right of secession, united now in the declaration that North Carolinians must [now] share in the fortunes of their Southern kindred. Then amid the excitement of that period came the rapid preparations for the inevitable conflict — the marshaling of troops, the formation of armies, the strenuous endeavors to equip and maintain our citizen [soldiers] and make defense of our unprotected coast.

Never was there a finer display of patriotic ardor; never did peaceable ploughboys more quickly assume the character of veteran soldiers. It was if a common inspiration possessed the souls of all the people and animated them to die, if need be, in defense of their traditional liberties.

During the four years of strife that followed, the people of North Carolina bore themselves with an unparalleled heroism. With a voting population of 112,000, North Carolina sent to the army 125,000 soldiers.

Strenuous efforts were made to provide food for the soldiers and the poor, and while salt works were erected along the sea coast, vast quantities of cards were imported for the women to use at home, and other supplies were brought through the blockade.

[Life then] was accompanied, however, by straits and hardships, suffering and mourning, the separation from husbands and fathers from their families and the pall of death that fell upon every household. What awful experiences were crowded into four years of heroic and grand sacrifice — how trying the vicissitudes, how calamitous the dire result!”

(Cyclopedia of Eminent and Representative Men of the Carolinas of the 19^th Century, Volume II, Brant & Fuller, 1892, pp. 35-36)

John Taylor of Caroline viewed the economic life of the country as being local in character and only under the jurisdiction of the individual States – that is, popular institutions. Therefore he concluded: “The entire nationalistic program of the Federal Government as to banking, funding, tariff, and internal improvements is unconstitutional.” If one sidesteps the victor’s claim that they fought to end slavery 1861-1865, one finds that the Hamiltonian drive for concentrated federal power was underlying reason for war.

Bernhard Thuersam, www.Circa1865.com

Sovereign States in a Federated Union

“The States, located in the center of the political landscape, perform a stabilizing function with sufficient power to protect the whole [federal] structure from the onslaughts of inimical forces that attack from two directions. They are essentially buffer States.

They represent a compromise between two types of concentrated power – one in the Federal Government, the other in the people, the turbulence of whom may lead to the reintroduction of monarchy such as followed the French Revolution.

Mobs and tyrants generate each other. Only the States can prevent the clashes of these two eternal enemies. Thus, unless the States can obstruct the greed and avarice of concentrated power, the issue will be adjudicated by an insurrectionary mob.

The States represent government by rule and law as opposed to government by force and fraud, which characterizes consolidated power whether in a supreme federal government, in the people, in factions, or in strong individuals.

Republicanism is the compromise between the idea that the people are a complete safeguard against the frauds of governments and the idea that the people, from ignorance or depravity, are incapable of self-government.

The basic struggle in the United States is between mutual checks by political departments and an absolute control by the Federal Government, or between division and concentration of power. Hamilton and Madison presented an impressive case for a strong national government, supreme over the rights of States.

They are supported by all the former Tories who benefit from the frauds of the paper system. Those who take this view are referred to as variously as monarchists, consolidators, and supremacists. The basic fallacy of their way of thinking is that they simply refuse to recognize “the primitive, inherent, sovereignty of each State” upon which basis only a federal form of government can be erected.

They assume the existence of an American Nation embracing the whole geographical reach of the country, on which they posit their argument for a supreme national government. But this is merely a fiction . . . The Declaration, the [Articles of] Confederation, and the Constitution specifically recognize the existence of separate and sovereign States, not of any American Nation or consolidated nation or people of the United States or concentrated sovereignty in the Federal Government. The word “America” designates a region on the globe and does not refer to any political entity.”

(The Social Philosophy of John Taylor of Caroline, A Study in Jeffersonian Democracy, Eugene Tenbroeck Mudge, Columbia University Press, 1939, pp. 65-66)