Speech of Hon. L.T. Wigfall, of Texas, on the motion to print extra copies of the president's message. : Delivered in the Senate of the United States, December 5, 1860. Page: 3 of 8
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3
to-day to revoke a treaty between this country and England, or any other
power, there is no court in England, or any other power with whom we
had revoked that treaty, that would iot hold at once that every citizen of
the United States was released from any obligation to obey. Why ? The
treaty became binding between the two countries because theI political
power of each country had ratified it and made it binding between them.
It became binding upon every citizen because it was binding between the
two people. When the treaty is revoked, then it ceases, of course, to be
binding between the two people. It ceases to be binding upon the indi-
vidiual citizens of each country.
Now, then, the treaty being revoked, what is the remedy? If it is done
in bad fifth ; if it is done, without sufficient cause, the only certain result
will be political infany. The nation that breaks its treaties without cause
is disgraced in the eyes of civilized man. War may result, but the treaty,
nevertheless, would be dissolved, and the citizens released from all obliga-
tions to obey it. When, then, one of these States revokes the treaty, as it
is called in our platform-because the second Kentucky resolution says
that it is a compact under the style and title of a Constitution for the
United tates, to which each State acceded as a State, and a compact be-
tween nations is a treaty-if, then, one of these States shall revoke that
treaty, resume all the powers which she had delegated to the Federal Gov-
ernment, and vest them in her own State government, that very instant, I
say, the State is, by operation of law, out of the Union; her citizens cease
to owe obedience to the laws of the United States; and she is, to all intents
and purposes, a foreign power. This Government can declare war if it sees
fit, because it has the war-making power. The question, then, arises,
should it declare war ? The answer must be found in the breast of each
man who is authorized to administer the powers of this Government.
I say, then, a State has a right, with or without cause, to withdraw;
that this Government can, with or without cause, declare war. I say,
when a State has withdrawn she is out of the Union, and her citizens cease
to owe obedience to the laws of this Government; and when this Govern-
ment has declared war, with or without reason, that war exists, and all
citizens found fighting under the banner of the State to which they owe
their allegiance, must be treated as prisoners of war, if taken in battle;
those who are found in the ranks of the enemy will be treated as traitors,
and executed by the authorities of the States which they have traitorously
taken up arms against.
These are my views upon the subject, and as the President has been
vague, as he has expressed opinions upon both sides, I felt it necessary to
say thus much upon that subject.
The Senator from Georgia, in speaking of the States that were going to
resume the powers which had been delegated, alluded to my own State. I
have no apprehension, sir, that the dagger of a Brutus will relieve us from
what he regards as an incubus upon that State. I think that that people
are not in the habit of committing acts of assassination. When they shed
blood, it is in a fair fight. It may be that those people will be driven to
revolution. It may be that if their Legislature is not called, they will
meet in primary assembly, and of their own accord appoint delegates to a
convention ; and when they have done that, it will be for States which
they offer to confederate with to decide whether they have a de facto gov-
ernment or not. A government de jure cannot be so formed, I know. But
that violence will be offered to any individual, I do not believe; nor do I
believe that the Governor of that State will long persist in refusing to
allow the people themselves to be heard, and to declare whether they desire
to remain longer confederated with abolition States.
Now, this matter of war has been talked of this morning. I have no
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Wigfall, Louis T., 1816-1874. Speech of Hon. L.T. Wigfall, of Texas, on the motion to print extra copies of the president's message. : Delivered in the Senate of the United States, December 5, 1860., pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metapth497622/m1/3/?q=%22slav%22: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Schreiner University.