Is Davis a Traitor; Or, Was Secession a Constitutional Right Previous to the War of 1861?
"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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abolitionists acceded admitted adopted Alexander Hamilton America argument Articles of Confederation assertion authority branch of Congress Calhoun called clause colonies confederacy Consti Constitution a compact contrary Convention of 1787 debate delegated denied doctrine England ernment established exercise existence f Ibid fact faction fathers favor Federal Government Federalist Gouverneur Morris Governor Morris Hartford Convention Hence heresy idea James Madison Jefferson John Quincy Adams Judge Story Justice Story language legislation 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 resolution right of secession right to secede says seen slave power slaves solemn compact South South Carolina Southern sovereign power sovereignty speech stipulations stitution Story and Webster supreme theory thing tion true truth tution United Virginia vote whole words
Page 52 - 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 203 - 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 225 - Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable ; that the public good is disregarded in the conflicts of rival parties ; and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority.
Page 161 - 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 202 - That to this compact each state acceded as a state, and is an integral party, 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, and not the constitution, the measure of its powers...
Page 204 - 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 59 - 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 78 - That it will be a federal and not a national act, as these terms are understood by the objectors, the act of the people as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration that it is to result neither from the decision of a majority of the people of the Union, nor from that of a majority of the States. It must result from the unanimous assent of the several States that are parties to it...
Page 160 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.