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

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Hermitage Press, 1907 - Secession - 263 pages
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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 133 - 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 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 227 - 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 252 - 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 163 - 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 199 - 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 204 - ... where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy...
Page 176 - However gross a heresy it may be to maintain that a party to a compact has a right to revoke that compact, the doctrine itself has had respectable advocates. The possibility of a question of this nature, proves the necessity of laying the foundations of our national government deeper than in the mere sanction of delegated authority. The fabric of American empire ought to rest on the solid basis of THE CONSENT...
Page 256 - But he contended that the States were divided into different interests not by their difference of size, but by other circumstances; the most material of which resulted partly from climate, but principally from the effects of their having or not having slaves.

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