Rise and Fall of the Confederate Government

Jefferson Davis


Part II.





The object of this work has been from historical data to show that the Southern States had rightfully the power to withdraw from a Union into which they had, as sovereign communities, voluntarily entered; that the denial of that right was a violation of the letter and spirit of the compact between the States; and that the war waged by the Federal Government against the seceding States was in disregard of the limitations of the Constitution, and destructive of the principles of the Declaration of Independence.
The author, from his official position, may claim to have known much of the motives and acts of his countrymen immediately before and during the war of 1861-'65, and he has sought to furnish material far the future historian, who, when the passions and prejudices of the day shall have given place to reason and sober thought, may, better than a contemporary, investigate the causes, conduct, and results of the war.
The incentive to undertake the work now offered to the public was the desire to correct misapprehensions created by industriously circulated misrepresentations as to the acts and purposes of the people and the General Government of the Confederate States. By the reiteration of such unappropriate terms as "rebellion" and "treason," and the asseveration that the South was levying war against the United States, those ignorant of the nature of the Union, and of the reserved powers of the States, have been led to believe that the Confederate States were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of their existence. To those who knew that the Union was formed for specific enumerated purposes, and that the States had never surrendered their sovereignty it was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms "rebellion" and "treason"; and, further, it is shown in the following pages that the Confederate States, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly, by peaceful recognition, to equitably adjust all questions growing out of the separation from their late associates.
Another great perversion of truth has been the arraignment of the men who participated in the formation of the Confederacy and who bore arms in its defense, as the instigators of a controversy leading to disunion. Sectional issues appear conspicuously in the debates of the Convention which framed the Federal Constitution, and its many compromises were designed to secure an equilibrium between the sections, and to preserve the interests as well as the liberties of the several States. African servitude at that time was not confined to a section, but was numerically greater in the South than in the North, with a tendency to its continuance in the former and cessation in the latter. It therefore thus early presents itself as a disturbing element, and the provisions of the Constitution, which were known to be necessary for its adoption, bound all the States to recognize and protect that species of property. When at a subsequent period there arose in the Northern States an antislavery agitation, it was a harmless and scarcely noticed movement until political demagogues seized upon it as a means to acquire power. Had it been left to pseudo-philanthropists and fanatics, most zealous where least informed, it never could have shaken the foundations of the Union and have incited one section to carry fire and sword into the other. That the agitation was political in its character, and was clearly developed as early as 1803, it is believed has been established in these pages. To preserve a sectional equilibrium and to maintain the equality of the States was the effort on one side, to acquire empire was the manifest purpose on the other. This struggle began before the men of the Confederacy were born; how it arose and how it progressed it has been attempted briefly to show. Its last stage was on the question of territorial governments; and, if in this work it has not been demonstrated that the position of the South was justified by the Constitution and the equal rights of the people of all the States, it must be because the author has failed to present the subject with a sufficient degree of force and clearness.
In describing the events of the war, space has not permitted, and the loss of both books and papers has prevented, the notice of very many entitled to consideration, as well for the humanity as the gallantry of our men in the unequal combats they fought. These numerous omissions, it is satisfactory to know, the official reports made at the time and the subsequent contributions which have been and are being published by the actors, will supply more fully and graphically than could have been done in this work.
Usurpations of the Federal Government have been presented, not in a spirit of hostility, but as a warning to the people against the dangers by which their liberties are beset. When the war ceased, the pretext on which it had been waged could no longer be alleged. The emancipation proclamation of Mr. Lincoln, which, when it was issued, he humorously admitted to be a nullity, had acquired validity by the action of the highest authority known to our institutions—the people assembled in their several State Conventions. The soldiers of the Confederacy had laid down their arms, had in good faith pledged themselves to abstain from further hostile operations, and had peacefully dispersed to their homes; there could not, then, have been further dread of them by the Government of the United States. The plea of necessity could, therefore, no longer exist for hostile demonstration against the people and States of the deceased Confederacy. Did vengeance, which stops at the grave, subside? Did real peace and the restoration of the States to their former rights and positions follow, as was promised on the restoration of the Union? Let the recital of the invasion of the reserved powers of the States, or the people, and the perversion of the republican form of government guaranteed to each State by the Constitution, answer the question. For the deplorable fact of the war, for the cruel manner in which it was waged, for the sad physical and yet sadder moral results it produced, the reader of these pages, I hope, will admit that the South, in the forum of conscience, stands fully acquitted.
Much of the past is irremediable; the best hope for a restoration in the future to the pristine purity and fraternity of the Union, rests on the opinions and character of the men who are to succeed this generation: that they maybe suited to that blessed work, one, whose public course is ended, invokes them to draw their creed from the fountains of our political history, rather than from the lower stream, polluted as it has been by self-seeking place-hunters and by sectional strife.


A duty to my countrymen; to the memory of those who died in defense of a cause consecrated by inheritance, as well as sustained by conviction; and to those who, perhaps less fortunate, staked all, and lost all, save life and honor, in its behalf, has impelled me to attempt the vindication of their cause and conduct. For this purpose I have decided to present an historical sketch of the events which preceded and attended the struggle of the Southern States to maintain their existence and their rights as sovereign communities—the creators, not the creatures, of the General Government.
The social problem of maintaining the just relation between constitution, government, and people, has been found so difficult, that human history is a record of unsuccessful efforts to establish it. A government, to afford the needful protection and exercise proper care for the welfare of a people, must have homogeneity in its constituents. It is this necessity which has divided the human race into separate nations, and finally has defeated the grandest efforts which conquerors have made to give unlimited extent to their domain. When our fathers dissolved their connection with Great Britain, by declaring themselves free and independent States, they constituted thirteen separate communities, and were careful to assert and preserve, each for itself, its sovereignty and jurisdiction.
At a time when the minds of men are straying far from the lessons our fathers taught, it seems proper and well to recur to the original principles on which the system of government they devised was founded. The eternal truths which they announced, the rights which they declared "unalienable," are the foundation-stones on which rests the vindication of the Confederate cause.
He must have been a careless reader of our political history who has not observed that, whether under the style of "United Colonies" or "United States," which was adopted after the Declaration of Independence, whether under the articles of Confederation or the compact of Union, there everywhere appears the distinct assertion of State sovereignty, and nowhere the slightest suggestion of any purpose on the part of the States to consolidate themselves into one body. Will any candid, well-informed man assert that, at any time between 1776 and 1790, a proposition to surrender the sovereignty of the States and merge them in a central government would have had the least possible chance of adoption? Can any historical fact be more demonstrable than that the States did, both in the Confederation and in the Union, retain their sovereignty and independence as distinct communities, voluntarily consenting to federation, but never becoming the fractional parts of a nation? That such opinions should find adherents in our day, may be attributable to the natural law of aggregation; surely not to a conscientious regard for the terms of the compact for union by the States.
In all free governments the constitution or organic law is supreme over the government, and in our Federal Union this was most distinctly marked by limitations and prohibitions against all which was beyond the expressed grants of power to the General Government. In the foreground, therefore, I take the position that those who resisted violations of the compact were the true friends, and those who maintained the usurpation of undelegated powers were the real enemies of the constitutional Union.

Rise and Fall