Year: 1861

HAVE WE A SOUTHERN CCNFEDER,


ACY?


It seems to be one Of the singular circum-
stances of this singular time that fact, SO
capable of demonstration as fact, should
be the question of such diversity of opinion
Politicians Of the South most strenuously
claim the existence of a Southern Confeder-
acy as un fait accon1pli. There are besides
q respectable body of men who. while earn
est for such measures to be adopted as may
prevent further secession. unhesitatingl de-
clare that as for the Cotton States they have
already gone beyond reclaim, having formed
themselves into a new and regular Govern
mcnt. On the other hand, there is a large
party of men, many of whom live in the
South. who absolutely deny this real exis-
tence of the new Confederacy and who claim
the Union as yet unbroken.


Aside from the satisfaction attendant upon
the settlement of any question of dispute,
particularly when our interests are so vitality
interested as in the present, there is an ex-
treme necessity that this question should be
speedily settled, in order that our subsequent
action may be properly directed in accordance
with the fact. If there is not Southern
Confederacy our course of action must ne
'cessarily be different, with regard to present
complications, from what it must be if such
fact be established It is admitted that
measures have been taken at Montgomery
looking to the institution of new Confed-
eracy; that a certain form of Government
has been adopted by number of highly
respectable individuals. which mag be vital
lied into a real Government; and that the
Chief Magistrate and other functionaries
under this new Government have been cleo
ted. All this has been done, and these ex-
ternal marks, it is confessed, look very like
a Government in fact.


There is no fallacy so frequent and so apt
to impose upon the belief Of people not in
the habit of accute discrimination as the fall
lacy of terms. The term Government, for
instance, has certain special significance.
Now, because this new form of Southern
Confederacy has certain external marks
which prinaa tacie identify it with the idea
conveyed by the general term of Govern
ment, this term is appropriated and people
are expected to act and argue upon it pre-
cisely as though it were correctly used
The assumption of this term is specious
sophism and intended to deceive. But what
is the idea implied in the term Government
when used in its true and proper sense ?
That is to say, what is its internal and es-
sential meaning, as distinguished from its
external marks? A Government is that
form of rule, by whatever name it may be
called, which is founded upon the consent
of the people who live under it, A Gov
crnment is based. as its central idea, upon
the consent of the governed, express or i'm
piled; otherwise it is no proper Govern
ment but an arbitrary usurpation. Certain
ly the people of the United States cannot
we'll contradict this view Of the case. 1t is
the very spirit and genius of their theory OF
Government. And whether it be their in
fuential advocacy Of this high principle, OF
the inherent justice of the principle. itself
or both combined this is the principle which
now obtains current among the enlightened
nations of the world. 1t was the recogn
tion Of this principle. as forming the onl,
true and permanent basis of Government
that caused Louis Napoleon to seek to secur,
throne and dynasty in France by her ex
press consent. For the same reason Victor
E.mulanuel seeks to establish himself in th'
new domain of the Siciles by the concur
renee of the people there aiming to unit'
Italy under one Government by the free ant
express consent Of the Italian people.


1t would seem then. that this il the es
sential principle implied in the term Gov
ernment Without it there can be no Gov
,ernment in its true and proper sens wit!
it. there must of necessity be. SO far as tn
people themselves are concerned. AS t.
the recognition of Government by othe
Governments, that is thing extrinsic en-
tirely. A Government may exist and be
Government without recognition hy othe
nations as such The Republic of Lberi
is not recognised by this Government-bu
is it MT Government If not. who ha
the rightful control over that people?


Now. then, has the Southern Confederac,
this internal mark of its being a Govern
ment, either expressed or implied 1t ha
not expressly. because such consent has no
yet been given. Neither can it be implied
because the question Of consent IS to be sub
mitted to the people. Besides, the fact tha
an express consent is to be formally give
by the people comedies this other fact, tha
no consent can be rightfully implied. Wha
is, in brief. the state of things at the South
Certain State Conventions passed Ordinan
ces of Secession for their respective States