A Constitutional View of the Late War Between the States: Its Causes ... - Alexander Hamilton Stephens - Google 圖書

圖書

Entered according to Act of Congress, in the year 1868, by

J. R. JONES,

In the Clerk's Office of the District Court of the United States, in and for the Eastern District of Pennsy.vania.

CONTENTS.

INTRODUCTION....

MR. STEPHENS'S UNION SPEECH OF 1860 THE SUBJECT ON WHICH THE

DISCUSSION BEGINS THE MOST THORough DEVOTION TO THE UNION

CONSISTENT WITH THE RECOGNISED SOVEREIGNTY OF THE SEVERAL

STATES-THE UNION ITSELF IS A UNION OF SOVEREIGN STATES-THE

WHOLE SUBJECT OF THE WAR, ITS CAUSES, NATURE, AND CHARACTER,

OPENED UP BY A QUESTION PROPOUNDED, HOW MR. STEPHENS WITH

HIS SENSE OF DUTY COULD GO WITH HIS STATE ON SECESSION AGAINST

THE UNION?-BEFORE GOING INTO A FULL ANSWER TO THIS QUESTION,

TWO PRELIMINARY OBSERVATIONS MADE, ONE RELATING TO CITIZEN-

SHIP, THE OTHER TO THE SUPREME LAW OF THE LAND-CITIZENSHIP

PERTAINS TO THE STATES-OBEDIENCE IS DUE TO THE SUPREME LAW

WHILE IT IS LAW, BUT ALLEGIANCE IS DUE TO THE PARAMOUNT AU-

THORITY—OBEDIENCE TO LAW WHILE IT IS LAW, AND ALLEGIANCE

WHICH IS DUE TO THE PARAMOUNT AUTHORITY WHICH CAN RIGHT-

FULLY MAKE AND UNMAKE ALL LAWS, CONSTITUTIONS AS WELL AS

OTHERS, ARE VERY DIFFERENT THINGS THE QUESTION PROPOUNDED

REQUIRES A THOROUGH INQUIRY AS TO WHERE, UNDER OUR SYSTEM,

THIS PARAMOUNT AUTHORITY RESIDES.

INQUIRY INTO THE NATURE OF THE UNION-A BRIEF HISTORICAL

SKETCH-THE DECLARATION OF INDEPENDENCE-THE FIRST CON-

FEDERATION—A COMPACT BETWEEN SOVEREIGN STATES-JUDGE STORY

HISTORY OF THE UNION TRACED-ANALYSIS OF THE ARTICLES OF CON-

FEDERATION-THE DEFECTS IN THEM TREATED OF-THE CALL OF THE

FEDERAL CONVENTION TO REMODEL THEM-THE SOLE OBJECT OF THIS

CONVENTION WAS TO REVISE THE ARTICLES OF CONFEDERATION AND

NOT TO CHANGE THE BASIS OR CHARACTER OF THE UNION-THIS

APPEARS FROM THE CALL ITSELF AS WELL AS THE RESPONSES OF THE

STATES TO IT-THERE WAS NO INTENTION TO CHANGE THE FEDERAL

CHARACTER OF THE UNION..

THE NATURE OF THE UNION NOT CHANGED UNDER THE CONSTITUTION—

ULTIMATE SOVEREIGNTY UNDER IT RESIDES WHERE IT DID UNDER

THE CONFEDERATION-JUDGE STORY ON THE FIRST RESOLUTION OF

THE FEDERAL CONVENTION-THE CONSTITUTION, AS THE CONFEDERA-

TION, IS A GOVERNMENT OF STATES AND FOR STATES-THIS APPEARS

FROM THE PREAMBLE ITSELF-THE UNION OF THE STATES WAS CON-

SOLIDATED BY THE CONSTITUTION, AND NOT ARROGATED AS IT WOULD

HAVE BEEN BY A GENERAL MERGER OF THE STATE SOVEREIGNTIES--

IT FORMS A CONFEDERATED REPUBLIC-SUCH A REPUBLIC IS FORMED

BY THE UNION OF SEVERAL SMALLER REPUBLICS EACH RESPECTIVELY

PUTTING LIMITED RESTRAINTS UPON THEMSELVES BY VOLUNTARY

ENGAGEMENTS WITHOUT ANY IMPAIRMENT OF THEIR SEVERAL SOV-

EREIGNTIES, ACCORDING TO MONTESQUIEU AND VATTEL............................................................ 116

THE CONSTITUTION OF THE UNITED STATES-ANALYSIS OF ITS PRO-

VISIONS, MUTUAL COVENANTS, AND DELEGATIONS OF POWER, AS IN

THE ARTICLES OF CONFEDERATION,

THE ACTION OF THE SEVERAL STATES ON. THE CONSTITUTION-DEBATES

IN THE SEVERAL STATE CONVENTIONS-COMMENTS THEREON.............
...... 207

WEBSTER ON THE CONSTITUTION-COMMENTS..................... .................. .........................

CALHOUN ON THE CONSTITUTION-COMMENTS........

SUBJECT CONTINUED-WEBSTER'S SPEECH BEFORE THE SUPREME COURT

-HIS LETTER TO BARING, BROTHER? & CO-HIS CAPON SPRINGS SPEECA

-THE SUPREME COURT ON STATE SOVEREIGNTY-INTERNATIONAL

COMITY-DIFFERENCE BETWEEN THE UNION OF THE STATES AND THE

UNION OF ENGLAND AND COTLAND-EXPOSITION OF THE CONSTITU-

TION BY THE SENATE IN 1838-CALHOUN'S PRINCIPLES OF 1833 SUS-

TAINED BY TWO THIRDS OF THE STATES IN 1838-EXPOSITION OF THE

CONSTITUTION PY THE SENATE IN 1860—JEFFERSON DAVIS........... .......................... 389

NULLIFICATION-GENERAL JACKSON ON THE UNION—JEFFERSON ON

THE UNION-KENTUCKY RESOLUTIONS OF 1798-SETTLEMENT OF THE

NULLIFICATION ISSUE-THE DEBATES IN THE SENATE-WILKINS,

CALHOUN, GRUNDY, BIBB AND CLAY-THE COMPROMISE ON THE PRO-

TECTIVE POLICY OF 1833-THE WORKINGS OF THE FEDERAL SYSTEM

UNDER THE PRINCIPLES ON WHICH THAT COMPROMSIE WAS MADE-

THE GREAT PROSPERITY THAT FOLLOWED-NO PRESIDENT FROM JEF-

FERSON TO LINCOLN ELECTED, WHO DID NOT HOLD THE GOVERNMENT

TO BE A COMPACT BETWEEN SOVEREIGN STATES-MADISON, MONROE,

JOHN QUINCY ADAMS, JACKSON, VAN BUREN, HARRISON, POLK, TAYLOR,

PIERCE, AND BUCHANAN, ALL SO HELD IT TO BE THE SUPREME COURT

NOT THE UMPIRE BETWEEN THE STATES AND THE GENERAL GOVERN-

MENT-MADISON, BIBB, MARSHALL, AND LIVINGSTON ON THIS SUBJECT

-GENERAL JACKSON'S EXPLANATION OF THE DOCTRINES OF THE

PROCLAMATION-HE HELD THE CONSTITUTION TO BE A COMPACT

BETWEEN SOVEREIGN STATES-HIS FAREWELL ADDRESS.......

THE GREAT TRUTH ESTABLISHED THAT THE CONSTITUTION IS A COMPACT

BETWEEN SOVEREIGN STATES-THE GOVERNMENT OF THE UNITED

STATES IS STRICTLY A FEDERAL GOVERNMENT-EACH STATE FOR

ITSELF HAS THE RIGHT TO JUDGE OF INFRACTIONS AS WELL AS THE

MODE AND MEASURE OF REDRESS-THE RIGHT OF A STATE TO WITH-

DRAW FROM THE UNION UPON BREACH OF THE COMPACT BY OTHER

PARTIES TO IT SPRINGS FROM THE VERY NATURE OF THE GOVERNMENT

-THE COMPACT WAS BROKEN BY THIRTEEN STATES OF THE UNION-

WEBSTER, STORY, TUCKER, RAWLE, DE TOCQUEVILLE, WADE, GREE-

LEY AND LINCOLN UPON THIS RIGHT TO WITHDRAW OR SECEDE IN

CONCLUSION OF THE ARGUMENT-IS A CONFEDERATED GOVERNMENT TOO

WEAK TO SECURE ITS OBJECTS-ON THE CONTRARY, IS IT NOT THE

STRONGEST OF ALL GOVERNMENTS-THE OPINIONS OF MR. JOHN

QUINCY ADAMS AND MR. JEFFERSON-IN SECESSION WAS INVOLVED

THIS GREAT RIGHT, WHICH LIES AT THE FOUNDATION OF THE FED-

ERATIVE SYSTEM OF GOVERNMENT-IT WAS OF INFINITELY MORE

IMPORTANCE TO THE SOUTHERN STATES THAN SLAVERY, SO-CALLED,

WITH ITS TWO THOUSAND MILLIONS OF CAPITAL INVESTED IN THAT

INSTITUTION......

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF

APPENDIX B.

ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE

CONSTITUTION OF THE UNITED STATES OF AMERICA.

KENTUCKY RESOLUTIONS OF 1798.....

VIRGINIA RESOLUTIONS OF 1798–99-

OF 1798-99-DEFINING THE RIGHTS OF THE

STATES AND MADISON'S REPORT THEREON-IN THE VIRGINIA HOUSE OF

DELEGATES, FRIDAY, DEC. 21, 1798......

APPENDIX F.

EXTRACTS FROM AN ADDRESS BY THE HON. JAMES P. HOLCOMBE, DELIV-

ERED BEFORE THE VIRGINIA STATE AGRICULTURAL SOCIETY, AT ITS

SEVENTH ANNUAL MEETING, NOVEMBER 4, 1858.......... .................. .................. ..................... 621

APPENDIX G.

A LECTURE BY HON. ROBERT TOOMBS, DELIVERED IN THE TREMON1

TEMPLE, BOSTON, MASSACHUSETTS, JANUARY 24, 1856-SLAVERY-ITS

CONSTITUTIONAL STATUS-ITS INFLUENCE ON THE AFRICAN RACE AND

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