April 12, 1861

Stacy McCain has a column in the AmSpec about the silence which greets the anniversary of our nation's most momentous event. It's a good column, without animosity North or South, so a gentleman ought let it pass without comment.

Howsomever, I'm a Good Old Yankee, as the song doesn't go, so I find myself recollecting the issue as Lincoln did:

I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.

Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

But these issues are a-moulderin' in the grave, as the song does go, so let us offer the gallant salutes that the belligerents of that fateful day offered each other:



"The cannon and the rifle are the most approved weapons of warfare, and the musket will have to yield the pole to them." Prescient words, as are the admission that the rifled cannon hardly fired for want of shot: such plagued the Confederates for the duration.