Is Davis a Traitor; Or, Was Secession a Constitutional Right Previous to the War of 1861?

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author, 1866 - Constitutional law - 263 pages
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"The sole object of this work is to discuss the right of secession with reference to the past; in order to vindicate the character of the South for loyalty, and to wipe off the charges of treason and rebellion from the names and memories of Jefferson Davis, Stonewall Jackson, Albert Sydney Johnston, Robert E. Lee, and of all who have fought or suffered in the great war of coercion. Admitting, then, that the right of secession no longer exists; the present work aims to show, that, however those illustrious heroes may have been aspersed by the ignorance, the prejudices, and the passions of the hour, they were, nevertheless, perfectly loyal to truth, justice, and the Constitution of 1787 as it came from the hands of the fathers"--Preface.
 

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Page 56 - In determining questions in the United States, in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the members of Congress shall be protected in...
Page 248 - Among the numerous advantages promised by a wellconstructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice.
Page 207 - Government is the exclusive judge of the extent of the powers delegated to it, stop nothing [short] of despotism — since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers: That the several states who formed that instrument being sovereign and independent, have the unquestionable right to judge of the infraction; and, That a Nullification by those sovereignties, of all unauthorized acts done under color of that instrument is the...
Page 135 - The people of this Common-wealth have the sole and exclusive right of governing themselves as a free, sovereign and independent State ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction and right, •which is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled.
Page 254 - To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed.
Page 165 - And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Page 201 - Union are virtually dissolved; that the States which compose it are free from their moral obligations, and that as it will be the right of all, so it will be the duty of some, to prepare definitely for a separation, amicably if they can, violently if they must.
Page 208 - 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, and not the Constitution, the measure of its powers; but 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 of infractions, as of the mode and measure of redress.
Page 63 - I always thought that, when we should acquire Canada and Louisiana it would be proper to govern them as provinces, and allow them no voice in our councils. In wording the third section of the fourth article, I went as far as circumstances would permit to establish the exclusion. Candor obliges me to add my belief, that, had it been more pointedly expressed, a strong opposition would have been made.
Page 18 - That a national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.

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