ordinance of secession is simply a nullity, because it
encounters the Constitution which is the supreme law of the land. Did
the resolutions of those States, the declaration of their officials,
the speeches of the members of their Legislatures, or the utterances
of their press, accomplish the result desired? Certainly not. All
these were declarations of a purpose to secede. Their secession, if it
ever took place, certainly could not date from the time when their
intention to secede was first announced. They proceeded to sustain
their purpose of secession by arms against the force which the United
States brought to bear against them. Were their arms victorious? If
they were, then their secession was an accomplished fact. If not, it
was nothing more than an abortive attempt--a purpose unfulfilled. They
failed to maintain their ground by force of arms. In other words, they
failed to secede. But if," he concluded, "the Southern States did go
out of the Union, it would make those in the South who resisted the
Confederacy guilty of treason to an independent government. Do you
want to make traitors out of loyal men?"[1049]
[Footnote 1049: _Congressional Globe_, Vol. 37, Part 1, pp. 120-123.]
Raymond received close attention. Several leaders acknowledged their
interest by asking questions, and the congratulations that followed
evidenced the good will of his colleagues. His speech had shown none
of the usual characteristics of a maiden effort. Without advertising
his intention to speak, he obtained the floor late in the afternoon,
referred with spirit to the sentiments of the preceding speaker, and
moved along with the air of an old member, careless of making a
rhetorical impression but intensely in earnest in what he had to
present. As an argument in favor of the adoption of a liberal policy
toward the South, regardless of its strict legal rights, the speech
commended itself to his colleagues as an admirable one, but it
entirely failed to meet Stevens' logic that the States lately in
rebellion could not set up any rights against the conqueror except
such as were granted by the laws of war. In his reply the
Pennsylvanian taunted Raymond with failing to quote a single authority
in support of his contention. "I admit the gravity of the gentleman's
opinion," he said, "and with the slightest corroborating authority
should yield the case. But without some such aid I am not willing that
the sages of the law--Grotius, Vattel, and a
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