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 THE CONSTITUTION OF THE UNITED STATES-ANALYSIS OF ITS PRO- THE ACTION OF THE SEVERAL STATES ON THE CONSTITUTION-DEBATES IN THE SEVERAL STATE CONVENTIONS-COMMENTS THEREON..................................... 207 SUBJECT CONTINUED-WEBSTER'S SPEECH BEFORE THE SUPREME COURT -HIS LETTER TO BARING, BROTHER & CO-HIS CAPON SPRINGS SPEECH -THE SUPREME COURT ON STATE SOVEREIGNTY-INTERNATIONAL COMITY-DIFFERENCE BETWEEN THE UNION OF THE STATES AND THE UNION OF ENGLAND AND SCOTLAND-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 BY 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 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 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- 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 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, APPENDIX B. VIRGINIA RESOLUTIONS OF 1798-99-DEFINING THE RIGHTS OF THE STATES AND MADISON'S REPORT THEREON-IN THE VIRGINIA HOUSE OF APPENDIX F. EXTRACTS FROM AN ADDRESS BY THE HON. JAMES P. HOLCOMBE, DELIV- APPENDIX G. A LECTURE BY HON. ROBERT TOOMBS, DELIVERED IN THE TREMONT INTRODUCTION. THE purpose of the writer of this work is to present a Constitutional view of the late War between the States of the Union," known as the "United States of America." The view is intended to embrace a consideration of the causes, the character, conduct and results of this War, in relation to the nature and character of the joint Government of these States; and of its effects upon the nature and character of this Government, as well as of its effects upon the separate Governments, Constitutions and general internal Institutions of the States themselves. The subject is one that does not fall clearly within the domain of History, in the usual acceptation of that word. The design is rather to deal with the materials of History than to supply them. It is not so much to present any portion of American History, as it is, by Historical analysis, to show what are the principles embodied in those systems of Government established, by the Anglo-Saxons, on this Continent, and to illustrate their singularly happy adaptation, so long as adhered to, to the situation and character of the North American States. The chief usefulness of all History consists in the lessons it teaches, in properly estimating the compound result of the action of the principles of any system of Government upon human conduct, and the counter-action of human conduct upon these principles, in effecting those moral and political changes which mark the type, as well as progress, of civilization, at all times, and in all countries. Mankind cannot live without Society or Association. Organized communities, with Governments of some sort, are no more universal than essential to the existence of the Genus Homo, with all its Species and Varieties, in every age and clime. The organic laws, which enter into the Structure of any such Association, Society, Community, Commonwealth, State, or Nation, by whatever name it may be designated, form what may be styled the Constitution of that particular Organism. These are the elementary principles, from which spring the vital functions of the Political Being, thus brought into existence, and upon which depend, mainly, the future development of the Organism, and the character, as well as standard, of its civilization. But, while these Structural laws act upon Society, in its embryo state, as well as in shaping its subsequent development, Society is also constantly acting back upon them. As individual life, in all its forms and stages, is said to be the result of a war between opposing agencies, so it is with the political life or existence of every body politic. Between the primary laws, from which Society first springs, and takes its first form and shape, and the internal movements of Society itself, in its progress, there are continued action and counter-action, producing endless changes, from slight innovations or alternations to entire Revolutions. With these come, either for better or worse, entire changes of the type, as well as standard, of civilization.* History, for the most part, has con * "The Institutions of a people, political and moral, are the matrix, in which the germ of their organic structure quickens into life, takes root, develops in form, nature and character. Our Institutions constitute the basis-the matrixfrom which spring all our characteristics of development and greatness. Look at Greece! There is the same fertile soil; the same blue sky; the same inlets and harbors; the same gean; the same Olympus;—there is the same land, where Homer sung; where Pericles spoke;-it is, in nature, the same old Greece; but it is 'living Greece no more!' "Descendants of the same people inhabit the country; yet, what is the reason of this mighty difference? In the midst of present degradation, we see the glorious fragments of ancient works of art temples, with ornaments and inscriptions that excite wonder and admiration-the remains of a once high order of civilization, which have outlived the language they spoke! Upon them all, Ichabod is written their glory has departed! Why is this so? I answer this, their Institutions have been destroyed! These were but the fruits of their forms of Government-the matrix from which their grand development sprung. And when once the Institutions of our people shall have bee destroyed, there is no earthly power that can bring back the Promethean spark, to kindle them here again, any more than in that ancient land of elo· quence, poetry and song!”—Author's Union Speech, 14 November, 1860. |