JEFFERSON DAVIS AND THE HIGHER LAW

“You have among you politicians of a philosophic turn, who preach a higher morality; a system of which they are the discoverers, and it is hoped will long remain the exclusive possessors. They say, it is true the Constitution dictates this, the Bible inculcates that; but there is a higher law than those, and call upon you to obey that higher law, of which they are the inspired givers. Men who are traitors to the compact of their fathers-men who have perjured the oaths they have themselves taken-they who wish to steep their hands in the blood of their brothers; these are the moral law-givers who proclaim a higher law than the Bible, the Constitution and the laws of the land. This higher-law doctrine, it strikes me, is the most convenient one I ever heard of for the criminal. You, no doubt, have a law which punishes a man for stealing a horse or a bale of goods. But the thief would find convenient a higher law which would justify him in keeping the stolen goods. The doctrine is now advanced to you only in relation to property of the Southern States, thus it is the pill gilded, to conceal its bitterness; but it will re-act deeply upon yourselves if you accept it. What security have you for your own safety if every man of vile temper, of base purpose, can find in his heart a higher law than that which is the rule of society, the Constitution, and the Bible?...The man who with syncophantic face and studied phrase, and with assumed philosophic morality, preaches treason to the Constitution and the dictates of all human society, is a fit object for a lynch law that would be higher than he could urge.”

Senator Jefferson Davis
Future President Confederate States of America
Palace Garden Meeting October 19, 1858
New York, New York

Speeches of the Honorable Jefferson Davis 1858
Jefferson Davis
Published by Echo Library

I’ve been reading a lot about Davis lately and the causes of the War Between the States. I’m struck by the similarities with the political realities we face today. While slavery was a contributing factor it was not the primary cause of the war. The war was caused by problems that could be traced back to the very beginning of the Republic; the role of the Federal Government and its relationship with the states, the control of the economy through a central banking system and the corrupting influence of business interests involved directly in controlling government policy for their own benefit. Does any of this sound familiar?

Sure it does. It could be on the front page of the papers today, that is if the papers cared to print the truth. On the one side we have Abraham Lincoln, a wealthy railroad lawyer and former Whig representing the interests of the steel producers by supporting tariffs that will benefit them at the expense of the agricultural Southern States. On the other side we have the South, represented by Davis, determined to protect their economic freedom by opposing tariffs that will strangle them.

This was not a new problem. In 1832 South Carolina nearly went to war with the Federal Government over this very issue. They passed nullification laws based on the Tenth Amendment to the Constitution and refused to enforce the Federal law. The crisis was barely averted when a new tariff law was negotiated in Congress.

All states had the right to do exactly what South Carolina did. The constitution narrowly defines the role of the Federal Government. Lincoln promised in his first inauguration speech that he would not allow the states to exercise their sovereign authority and furthermore that he would go to war to enforce his views. The only time Lincoln mentions going to war is over the issue of taxation (tariffs):

“The power confided to me will be used to hold, occupy, and possess the property and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion -- no using of force against or among the people anywhere.”

But, what about slavery you may ask. Again, from the first inauguration speech:

…"I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so."…

…"No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."…
Lincolns First Inaugural Speech

The Republican Party backed the tariffs and the formation of a central bank that would issue currency for one reason; the construction of the Trans Continental Railway. The tariff was necessary to make sure that the steel contracts went to Republican business interests in the North and the Central Bank was necessary to make sure the money could be created to fund it. Lincoln had not forgotten his friends in the railroad business.

Over one half million Americans were sacrificed for the profit of the businesses and the power of the bankers. The Constitution was burned and our Republic destroyed to benefit the powerful. I believe that these were the first shots fired in the war that we see coming to a conclusion today. These same interests are determined to finish the job, to take over the country completely and control every aspect of our lives for their benefit.

All because they have the “Higher Law” on their side and all we have is the shell of the Constitution. They also have ignorance on their side; the ignorance of an American public that has forgotten what this country was meant to be. But, that may be starting to change.

The question is, is there still time?