More Than a Slogan
December 19, 2002
by Joe Sobran
This week Trent Lott has been on the covers of more
magazines than Halle Berry. The absurd flap is only the
latest of many in the endless campaign to stigmatize the
South.
To this day, Southerners can never grovel enough to
satisfy some Northerners, who insist on attaching dark
meanings to Southern symbols. The Confederate flag can't
just be a symbol of regional pride; no, it stands for
slavery. "States' rights" can't just mean states' rights;
no, it means racial segregation. Whatever evils
Northerners choose to associate with these things are
supposed to be their "real" meanings, no matter what
Southerners intend.
Now it's true that some Southern Democrats used to
invoke the principle of "states' rights" only to protect
segregation, while supporting Franklin Roosevelt's New
Deal in its assault on the Constitution. But the abuse of
a good principle doesn't nullify the principle.
"States' rights" should be more than a Southern
slogan. In the Civil War, the Northern states were
fighting not only against the South, but, though they
didn't realize it, against their own rights. So they won
the war and lost their rights.
The Northerners who did see what was at stake, and
preferred to let the Southern states secede peacefully,
were derisively nicknamed "Copperheads." The Lincoln
administration jailed thousands of them and shut down
many of their newspapers. "A new birth of freedom"?
The Declaration of Independence had proclaimed that
the original 13 colonies "are, and of right ought to be,
free and independent states." It didn't say anything
about "a new nation" or a monolithic "Union." This meant
that each of the colonies was claiming full statehood.
Rhode Island and South Carolina were now sovereign
states, just as much as France or Russia. But who today
would call them "free and independent states"? Does that
phrase describe your state?
Shortly afterward, as the Revolutionary War still
raged, the Articles of Confederation were adopted. Its
first principle was that "each state retains its
sovereignty, freedom, and independence." In the Treaty of
Paris of 1783, which concluded the war, Great Britain
recognized not the American monolith, but those same 13
"free, sovereign, and independent states."
Did the states surrender their hard-won and
jealously preserved independence -- that is, their
statehood -- when they ratified the Constitution? Not at
all. The Constitution continues to call them states, not
colonies or provinces. It even speaks of "the United
States" in the plural: "them."
Several states ratified the Constitution on the
express condition that they retained the right to secede
later. Nobody objected. How could they? The states were
still states, in the full sense, and it went without
saying that a state could withdraw from a mere federation
of states. Nor could a state bind its descendants to
remain in a federation forever. Since these conditional
ratifications were accepted as valid, it's obvious that
secession was recognized as a legitimate option of any
state.
It's sometimes objected that the Constitution
doesn't speak of a right of secession. True enough, but
to say this is to get things backwards. Given the nature
and the very definition of a state, the Constitution
couldn't forbid secession. Nor does it give the Federal
Government any power to prevent it. A social club may
have strict rules for members, but it can't forbid them
to quit the club; in which case the rules cease to bind
them.
Some opponents of the Constitution warned that
ratification would lead to the loss of the states'
sovereignty. But they didn't argue that the Constitution
denied that sovereignty; only that this would probably be
the practical result of ratifying it. If they were here
today, they'd surely claim that history has proved them
right.
Hoping to justify war on the seceding states,
Lincoln offered the weird and ahistorical assertion that
"the Union" was older than the Constitution, older even
than the Declaration, so that no state could rightfully
secede. According to his logic, then, the states had
never been "free," "sovereign," and "independent" -- even
when everyone agreed that they were!
In order to win the war, Lincoln had to violate the
Constitution again and again. He had to arrest
dissenters, elected public officials, even a congressman;
he had to set up puppet governments in the conquered
South. So much for self-government.
Today the United States have become a single
monstrous monolith. If the signers of the Declaration
could see it, they would demand, "We staked our lives,
our fortunes, and our sacred honor to bequeath you free
and independent states. What on earth have you done with
them?" At least the South tried to preserve them.
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