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Chapter 4:
The Constitution not adopted by one people in the aggregate
a great fallacy exposed
mistake of Judge Story
colonial relations
the United colonies of New England
other associations
Independence of communities traced from Germany to great Britain, and from great Britain to America
Everett's provincial p n their aggregate capacity has not an atom of fact to serve as a basis.
To go back to the very beginning, the British colonies never constituted one people.
Judge Story, in his Commentaries on the Constitution, seems to imply the contrary, though he shrinks from a direct assertion of it, and clouds the subject by a confusion of found expression in many forms among the infant colonies.
Edward Everett, in his Fourth-of-July address delivered in New York in 1861, following the lead of Judge Story, and with even less caution, boldly declares that, before their independence of England was asserted, they [the colonies] constituted a provincial people.
To s
Jefferson Davis, The Rise and Fall of the Confederate Government, Index (search)
Amistad, case of the.
A Portuguese slaver landed a cargo of kidnapped Africans near Havana; a few days afterwards they were placed on board the Amistad to be taken to Principe.
On the voyage the negroes, led by Cinque, captured the vessel, but killed only the captain and the cook.
They then ordered the white crew to take the ship to Africa; but the sailors brought her into American waters, where she was seized by Lieutenant Geding.
of the United States brig Washington, and brought into New London, Conn., Aug. 29, 1839.
A committee, consisting of S. S. Jocelyn, Joshua Leavitt, and Lewis Tappan, was appointed in New York to solicit funds and employ counsel to protect the rights of the negroes.
After a great struggle the court, through Justice Story, pronounced them free.
Their return to Africa founded the Mendi mission.
Harper's Encyclopedia of United States History (ed. Benson Lossing), Story , Joseph 1779 -1845 (search)
Story, Joseph 1779-1845
Jurist; born in Marblehead, Mass., Sept. 18, 1779; graduated at Harvard College in 1798; and was admitted to the bar in 1801, beginning practice at Salem.
After serving in the State legislature, he was elected to Congress in 1808.
He was speaker of the Massachusetts Assembly in 1811, and from November of that year until his death was associate judge of the United States Supreme
Joseph story. Court.
From 1829 until his death he was also Dane Professor of Law in Harvard College.
His published judicial works evince very extensive learning, clear exposition, and profound views of the legal science.
His commentaries on the Constitution, entitled Conflict of laws, and his written judgments in his circuit make 27 volumes; his judgments in the Supreme Court of the United States make an important part of 34 volumes more.
He died in Cambridge, Mass., Sept. 10, 1845.
Elias Nason, The Life and Times of Charles Sumner: His Boyhood, Education and Public Career., Chapter 2 : (search)
Elias Nason, The Life and Times of Charles Sumner: His Boyhood, Education and Public Career., Chapter 3 : (search)