Richard Henry Dana, Jr.
Delivered at Faneuil Hall, Boston, MA
June 21, 1865
…A war is over when its purpose is secured. It is a fatal mistake to hold that this war is over, because the fighting has ceased. [Applause.] This war is not over. We are in the attitude and in the status of war to-day. There is the solution of this question. Why, suppose a man has attacked your life, my friend, in the highway, at night, armed, and after a death-struggle, you get him down—what then? When he says he has done fighting, are you obliged to release him? Can you not hold him until you have got some security against his weapons? [Applause.] Can you not hold him until you have searched him, and taken his weapons from him? Are you obliged to let him up to begin a new fight for your life? The same principle governs war between nations. When one nation has conquered another, in a war, the victorious nation does not retreat from the country and give up possession of it, because the fighting has ceased. No; it holds the conquered enemy in the grasp of war until it has secured whatever it has a right to require. [Applause.] I put that proposition fearlessly. The conquering party may hold the other in the grasp of war until it has secured whatever it has a right to require.
But what have we a right to require? We have no right to require our conquered foe to adopt all our notions, our opinions, our systems, however much we may be attached to them, however good we may think them; but we have a right to require whatever the public safety and public faith make necessary. [Applause.] That is the proposition. Then we come to this. We have a right to hold the rebels in the grasp of war until we have obtained whatever the public safety and the public faith require. [Applause, and cries of "good."] Is not that a solid foundation to stand upon? Will it not bear examination? and are we not upon it to-day?
We have a right to require, my friends, that the freedmen of the South shall have the right to hold land. [Applause.] Have we not? We have a right to require that they shall be allowed to testify in the state courts. [Applause.] Have we not? We have a right to demand that they shall bear arms as soldiers in the militia. [Applause.] Have we not? We have a right to demand that there shall be an impartial ballot [Great applause.]…
When a man accepts a challenge to duel what does he put at stake? He puts his life at stake, does he not? And is it not childish, after the fatal shot is fired, to exclaim, “Oh, death and widowhood and orphanage are fearful things!” They were all involved in that accepted challenge. When a nation allows itself to be at war, or when a people make war, they put at stake their national existence. [Applause.] That result seldom follows, because the nation that is getting the worst of the contest makes its peace in time; because the conquering nation does not always desire to incorporate hostile subjects in its dominions; because neutral nations intervene. The conqueror must choose between, two courses—to permit the political institutions, the body politic, to go on, and treat with it, or obliterate it. We have destroyed and obliterated their central government. Its existence was treason. As to their states, we mean to adhere to the first course. We mean to say the states shall remain, with new constitutions, new systems. We do not mean to exercise sovereign civil jurisdiction over them in our Congress. Fellow-citizens it is not merely out of tenderness to them; it would be the most dangerous possible course for us. Our system is a planetary system; each planet revolving round its orbit, and all round a common sun. This system is held together by a balance of powers—centripetal and centrifugal forces. We have established a wise balance of forces. Let not that balance be destroyed. If we should undertake to exercise sovereign civil jurisdiction over those states, it would be as great a peril to our system as it would be a hardship upon them. We must not, we will not undertake it, except as the last resort of the thinking and the good—as the ultimate final remedy, when all others have failed.
I know, fellow citizens, it is much more popular to stir up the feelings of a public audience by violent language than it is to repress them; but on this subject we must think wisely. We have never been willing to try the experiment of a consolidated democratic republic. Our system is a system of states, with central power; and in that system is our safety. [Applause.] State rights. I maintain; state sovereignty we have destroyed. [Applause.] Therefore, although I say that, if we are driven to the last resort, we may adopt this final remedy; yet wisdom, humanity, regard for democratic principles, common discretion, require that we should follow the course we are now following. Let the states make their own constitutions, but the constitutions must be satisfactory to the Republic [applause], and—ending as I began—by a power which I think is beyond question. The Republic holds them in the grasp of war until they have made such constitutions. [Loud applause.]