It was in this spirit that independence was achieved and the independence thus won was not the independence of a federated republic, but that of thirteen individual and widely separated states, no one of which owed any sort of allegiance to any other or to all the others combined; no one of which was ready upon any consideration to yield one jot or tittle of its independent sovereignty to the will of any other or of all the others.

The states, indeed, were as jealous of trespass by each other as of trespass by Great Britain herself.

We are accustomed to think of them as closely united commonwealths, engaged in a long and painful struggle for the independence of the American Federal Republic. They were nothing of the kind. They were separate and diversely interested states each fighting for its own emancipation from a foreign yoke. They were allied in a common cause, but their alliance had no bond more obligatory upon themselves than is that which unites a mass meeting whose constituent members are possessed temporarily of a common purpose.

When the states had achieved their independence, they undertook to live together in the loosely formed union thus provided. They quickly found it impossible to do so. Not only was their central government powerless to fulfil its obligations to other countries, or to pay its debts at home, or to enforce its authority, or to levy and collect taxes, or to provide securely and properly for the maintenance of an army, a navy, a postal service or anything else of a national character or to do with certainty and authority any other of the things which a nation that expects respect may and must do, but it could not in any effective way regulate trade either with foreign countries or between the states. Each state had the reserved right to interfere with the transit of goods across its borders in ways that threatened presently to render trade among the states impossible.

It was in view of these distressing conditions that the statesmen of Virginia appealed to those of the other states for a conference looking to the devising of a better way, "a more perfect Union." The conference thus called at Annapolis was attended by representatives from only five of the states. But it led to the calling of that Philadelphia Convention which, under Washington's presidency, and with the united wisdom of the most sagacious statesman in all the commonwealths, framed the Federal Constitution.

The task was one of extraordinary difficulty. The old jealousies of the states remained in scarcely abated force. Each feared to surrender any part of its sovereignty. Each dreaded the possible interference of the others with its domestic concerns. Each feared and dreaded a national power that might some day control a state's actions and coerce it into an obedience derogatory to its sovereignty. The less populous states feared the possible dominance of the more populous, and all of them alike feared the possibly oppressive power of a national executive.

After months of such labor as statesmen have rarely given to the framing of a fundamental law, all these differences were adjusted and in a considerable degree, though not wholly, the individual apprehensions of the several states were allayed.

The equal representation of states as such, without reference to the numbers of their population, was provided for in the peculiar constitution of the Senate, in the organization of the electoral college which chooses the president and still again in the provision of the Constitution that in case of no election to the presidency the choice shall be left to the popular house of Congress, but with the express condition that each state's representatives in that body, however numerous or however few, shall have one and only one vote.

Again the Constitution reflected the jealousy of the several states for their sovereignty by providing specifically that all powers not delegated by the states to the general government by the terms of that instrument should be reserved to the states or to the people thereof.

Notwithstanding all these precautionary measures and notwithstanding all the reservations made, two of the states withheld their assent to the Constitution for a year or two after it was accepted by the rest, and in other states the vote by which it was ratified showed a very narrow margin in its favor. Even in Virginia, the state which had originally suggested the union under the Constitution, whose Washington had presided over the convention that framed it, whose Jefferson and Madison and other statesmen had strenuously advocated it, the influence of the most potential statesmen of that period was barely sufficient to secure an affirmative vote by a slender majority in favor of the adoption of that Constitution which made the United States a nation and gave to their government a recognized place among world powers.

In brief the people of the original thirteen states very reluctantly surrendered a narrowly restricted part of the functions of sovereignty to the Federal Government. They very jealously reserved to themselves as individual states all the other functions of sovereignty and independence. And even with such restrictions and such reservations they gravely hesitated before making a grant of power which threatened the possible use of the Federal Authority in control of a state's action or in restraint of a state's sovereign independence.

This was the spirit in which the National Government was formed. It was intended to be a government for external and communal purposes only. By every provision which the ingenuity of statesmanship could devise the General Government was restrained from trespassing upon the sovereign right of each state to regulate in its own way and by its own devices all matters not distinctly delegated to the General Government by the express terms of the Constitution.

For half a century after the adoption of the Constitution, this view everywhere prevailed and was everywhere recognized as authoritative. When, during the War of 1812–15, New England found that the course of the General Government antagonized the local interests of that region, the states in that quarter of the country opposed the national policy even to the extent of threatening a withdrawal from the Union – secession in other words, and nullification. It was Daniel Webster – afterwards the apostle of "Liberty and Union, now and forever, one and inseparable" – who drew and championed the Rockingham Memorial in 1812, in which his New England constituency formally protested against the war then existing with England and by unmistakable implication threatened secession and a separate peace with England on the part of the maritime states in the northeastern part of the country. And immediately afterwards Webster was elected to Congress where, with the approval of that part of the country, he opposed all measures designed to encourage enlistments at a time when the country was engaged in foreign war. He even went so far as to vote against the appropriations for the national military defense against the country's ancient foe, at that time engaged in an effort to undo and reverse the results of the Revolutionary war itself.

Senator Henry Cabot Lodge, writing of this incident, expresses the opinion that it was an extreme stretch of the liberty of legislative opposition to the administration in a time of war and public danger and that it carried the right of opposition to the utmost limit to which it could go without treason.

Yet at the time nothing very serious was thought of the matter for the reason that at that time the individual state and not the National Government was regarded as the primary and ultimate object of men's allegiance.

The states felt themselves to be still only conditionally and tentatively members of the Union. They were still intensely jealous of their individual sovereignty, and they were still indisposed to make serious sacrifice of their own interests in behalf of the common weal of a union which they regarded doubtfully as an experiment. They still felt themselves entitled to reject the experiment and withdraw from the Union if at any time they should see fit to do so.

It would be easy to multiply historical illustrations of this attitude of mind, extending, though with diminishing frequency and force, to that time just before the outbreak of the Confederate war when N. P. Banks's cry of "Let the Union slide" was accepted as the slogan of the anti-slavery party. But the multiplication of such illustrations is unnecessary. Every instructed mind is aware of the fact that at the first the Union was regarded as a doubtful experiment into which the states had entered with misgiving and from which each state felt itself at liberty to withdraw whenever it should find the yoke of the Union a galling one.

Writing of Webster's replies to Hayne, Senator Lodge frankly admits that the historical argument was all against Webster; that there is no room for doubt that at the first the Union was held to be an experiment and withdrawal from it was everywhere regarded as a reserved right of the states.

And even the right of a state while remaining in the Union to nullify a national statute obnoxious to its prosperity or to its moral sense was as directly asserted in the personal liberty bills with which, just before the war, many states sought to render the National Fugitive Slave Law inoperative, as it had been asserted by South Carolina in that state's attempt a generation earlier to annul and resist a law imposing tariff restrictions upon trade.

But there are some other historical facts that must be borne in mind if we would justly understand the war catastrophe of 1861.

It must be remembered that before the beginning of that year twenty new states had been created out of territories that at the time of the Union's formation were wildernesses. These new states had none of that jealousy of their sovereignty which gave pause to the original thirteen. They had entered the Union not reluctantly, as states hesitatingly surrendering a previously cherished independence, but eagerly as communities upon which the dignity of statehood and all the sovereignty that statehood implies had been conferred by gracious gift of the Union. Those communities had been suppliants for the favor of admission to the Union and not, as the original states were, the creators of the Union, surrendering to it with more or less reluctance some share of an absolute sovereignty previously enjoyed by themselves. These new states were not benefactors of the Union but its beneficiaries. They had surrendered no rights of self-government to it, but on the contrary had received from it as a gracious gift all the rights and dignities of states, where before they had had no rights and dignities whatsoever.

These new states had grown populous and prosperous under that Union to which they had surrendered nothing of independence and from which they had received all they had of statehood and sovereignty. Very naturally, then, their attitude toward the Union was quite different from that of the older states. That Union which the older states had always regarded as their creature, owing its very existence to their grace, the new states looked upon as their creator to whom they owed all that they enjoyed of liberty-giving autonomy.

In the newer states particularly, but in the older states also, there had grown up a new conception of the dignity and permanence of the National Union. That which had been originally regarded as a doubtful venture had little by little come to be looked upon as a thing established and glorious. The national idea had taken a new and deeper hold upon men's minds and affections. Vast material and moral interests had grown into sturdy self-consciousness under its beneficent rule. That Union which had been entered upon with so much doubt and hesitation and with so many precautionary stipulations had become one of the great nations of the earth, strong at home and everywhere respected abroad. It had a history in war and peace which was a precious possession of all the people alike.

Proud, loving memories clustered about the story of its career. The victories of New Orleans, and Buena Vista, and Chapultepec, the sea conquests of Porter and Perry and the rest, had been added to the stories of Lexington, Concord, Bunker Hill, Trenton, Camden and Yorktown, as fireside tales with which the grandfathers made the eyes of a younger generation of Americans glisten with patriotism. And achievements of peace equally notable – stories of what Morse, Henry, Fulton, Peter Cooper, Daniel Boone, Bowie, Kit Carson, Fremont, Sam Houston, General Gaines and a multitude of others had accomplished – were equally stimulating to the pride and patriotism of the youth of the thirty-three states.

And there were heroic tales told of Indian wars in which Andrew Jackson and William Henry Harrison, Sam Dale, the Mississippi Yagers, Col. Dick Johnson, and other veritable heroes of romantic daring had figured. All these and scores and hundreds of other tales of patriotic heroism were then familiars of the fireside as illustrations of American pluck and American achievement.

There was the country's expansion, too, to glory in. The Louisiana purchase had added an empire of vast extent and of inestimable productive possibilities to the national domain, the development of which, even before 1861, was a romantic wonder story of history. The Mexican war had brought with it another accession of incalculably rich territory such as no nation in all history except our own had ever added at a single stroke to its domain.

Where the Spanish gold-seekers had galloped for centuries in search of the precious metal, finding it not, an American had quickly discovered a new Golconda, an Ophir, an Eldorado so rich in its productiveness as for a time to threaten the stability of gold as an accepted measure of values among men. Vast regions that had remained for generations the haunt of savages and wild beasts, with only here and there a mission station of adobe huts to offer hope of better things in some far distant future time, became, within a brief while populous territories ready to take their place in the Union as important American states. Better still, a new and matchless fruitfulness had been discovered in vast valleys and upon far-reaching mountain sides that had been previously typical of hopeless sterility and desolation.

All these things had mightily stimulated the American imagination and all of them had contributed incalculably to the strengthening of the national spirit and to the upbuilding of a new and controlling sentiment of loyalty to the Union under which all this actual greatness had been achieved and all this potential greatness was confidently promised.

In still other ways the sentiment of nationality had been strengthened. The orators of the land had for generations mightily exalted the horn of the Nation in eloquent speeches which all the schoolboys in all the states grew enthusiastic in declaiming. All the literary men of the land had celebrated the country's glories in prose and verse that filled the school books and set juvenile patriotism aflame with ardor.

All this patriotic awakening had for its object of worship the glories of the Nation, and not at all the narrower achievements of particular states or sections. All of it referred itself to the Union as the commonwealth. Neither literature, nor eloquence, nor familiar household narrative concerned itself in the least with any of those jealousies which had prompted the original states to hesitate to enter the Union. None of them recognized even in the remotest way, those questions of conflicting powers and dignities, those anticipations of encroachment on the part of the central power, or those jealous guardings of the rights of individual states which had played so large a part in the settlement of the original problem of a Federal Union.

In brief, the people had outgrown and forgotten the doubts and fears of the earlier formative time. In the main they knew nothing about such things and cared nothing for them. They knew only that they were citizens of the greatest, freest and strongest nation on earth, and that its history was a heritage of glory to all of them alike.

Lawyers' quibblings, logic chopping, and all arguments drawn from history meant nothing to the great majority of a people who had been born and bred under the Union and had imbibed with their mothers' milk a sentiment of undying loyalty, not to any state or any doctrine or any theory, but to the Nation in whose history they regarded themselves as entitled to feel personal and ancestral pride and affection.

Thus while the historical argument was clearly with those who maintained the right of the states to assert their authority as superior to that of the Union, that argument was addressed in large part to ears that had been rendered deaf to it by the echoes of the national glory. While the Union had indeed been at the first a hesitating experiment, it had become by time and by national achievement a nationality for the maintenance of which vast populations were ready and willing and even eager to risk their lives.

If we would understand the war and the conditions in which it came about, we must first clearly realize the change that had occurred in popular sentiment, and especially the growth of that national feeling which had slowly but surely replaced the old hesitation and jealousy of the states. Only the circumstance that slavery existed and was defended in one part of the Union and that it was antagonized in the other part on grounds of policy, conviction, and morality, kept alive the old sentiment of state sovereignty and made the war possible. That sentiment of the dominant right of the states was strongly asserted on both sides and insisted upon both in behalf of slavery and in antagonism to it until war resulted. The history of that controversy must be the subject of a separate chapter, in which its irritating character as well as the difficulties that statesmanship encountered in dealing with it, may be set forth without undue elaboration but with sufficient detail to render the result easily enough understood.