Is Davis a Traitor: Or, Was Secession a Constitutional Right Previous to the War of 1861?Scholarly Publishing Office, University of Michigan Library, 1866 - 272 strani |
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acceded admitted adopted Alexander Hamilton America argument Articles of Confederation assertion authority branch of Congress Calhoun chap CHAPTER clause colonies committee on style confederacy Consti Constitution a compact contrary Convention of 1787 Declaration of Independence delegated denied denounced doctrine England ernment established exercise existence fact faction fathers favor Federal Government Federalist Gouverneur Morris Governor Morris Hartford Convention Hence heresy Ibid idea James Madison Jefferson John Quincy Adams Judge Story Justice Story language Legislature Madison Papers majority Massachusetts ment national government never North Northern old Articles opinion oppression ordained original pact parties Patrick Henry perfectly principle question ratified reason regard Report of 1800 Republic right of secession right to secede says seen slave power slaves solemn compact South South Carolina Southern sovereign power sovereignty speech stitution Story and Webster supreme theory thing tion true truth tution United vention Virginia vote whole words
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Stran 200 - powers delegated to itself; since that would have made its discretion, not the Constitution, the measure of its powers; BUT THAT, AS IN ALL CASES OF COMPACT AMONG POWERS HAVING NO COMMON JUDGE, EACH PARTY HAS AN EQUAL RIGHT TO JUDGE FOR ITSELF, AS WELL OF INFRACTIONS AS OF THE MODE AND MEASURE OF REDRESS."*
Stran 200 - its co-States forming, as -to itself, the other party; that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, not the Constitution, the measure of its powers; BUT THAT, AS IN ALL CASES OF COMPACT AMONG
Stran 85 - State Constitutions; whereas, in the letter before us, each State compacts with her sister States. "It is obviously impracticable," says the Convention,* "in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the honor and safety of all. Individuals entering into society
Stran 202 - as we have seen, directly from the doctrine of Mr. Jefferson, "that as in all other cases of compact, among parties having no common judge, each party has an equal right to judge for itself, as well
Stran 85 - It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved ; and on the present occasion this difficulty was increased by a difference among the several States [the parties about to enter into a new Union] as to their situation, extent, habits, and particular interests.
Stran 159 - a Congress of the United States, and be afterward confirmed by the Legislatures of every^ State." Yet, in spite of these words, some of the States did withdraw from that "perpetual union," and formed a new one. The people of 1787 refused to be bound by the people of 1778. They deemed
Stran 72 - is this all. In the preceding number of the Federalist, it is said, "Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act." Thus, according to the Federalist, the Constitution was ratified by " each State, as a sovereign body, independent of all others.
Stran 80 - this purpose. The Federalist itself, the great political classic of America, has already furnished several such instances. It teaches us, as we have seen, that " each State, in ratifying the Constitution, is considered as a sovereign body-, independent of all others;* and also that, in the establishment of the Constitution, the States are "regarded as distinct and independent sovereigns."!
Stran 50 - just quoted, and which were unanimously adopted by the Convention of 1787, we find this clause: "Resolved, That in the opinion of this Convention that as soon as the Convention of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same
Stran 254 - of affection, can no longer live together as members of the same family; can no longer continue mutual guardians of their mutual happiness — No, my countrymen, shut your ears against this unhallowed language. Shut your hearts against the poison which it conveys. The kindred blood which flows in the