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Elias Nason, The Life and Times of Charles Sumner: His Boyhood, Education and Public Career. 27 13 Browse Search
Jefferson Davis, The Rise and Fall of the Confederate Government 21 1 Browse Search
George Ticknor, Life, letters and journals of George Ticknor (ed. George Hillard) 19 1 Browse Search
The picturesque pocket companion, and visitor's guide, through Mount Auburn 16 6 Browse Search
The Cambridge of eighteen hundred and ninety-six: a picture of the city and its industries fifty years after its incorporation (ed. Arthur Gilman) 13 3 Browse Search
Cambridge History of American Literature: volume 2 (ed. Trent, William Peterfield, 1862-1939., Erskine, John, 1879-1951., Sherman, Stuart Pratt, 1881-1926., Van Doren, Carl, 1885-1950.) 6 0 Browse Search
Thomas Wentworth Higginson, Olde Cambridge 4 2 Browse Search
Harper's Encyclopedia of United States History (ed. Benson Lossing) 4 0 Browse Search
Thomas Wentworth Higginson, Henry Wadsworth Longfellow 4 2 Browse Search
Thomas Wentworth Higginson, Margaret Fuller Ossoli 2 0 Browse Search
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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 pn 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
tians, the Assyrians, Babylonians, and Persians, and all other people of the earth, except the Israelites. Scores of examples of the same sort might be cited if it were necessary. For a very striking illustration, see Deuteronomy, VII, 6, 7. In the Declaration of Independence we find precisely analogous instances of the employment of the singular form for both singular and plural senses—one people, a free people, in the former, and the good people of these colonies in the latter. Judge Story, in the excess of his zeal in behalf of a theory of consolidation, bases upon this last expression the conclusion that the assertion of independence was the act of the whole people of the united colonies as a unit; overlooking or suppressing the fact that, in the very same sentence, the colonies declare themselves free and independent States—not a free and independent state—repeating the words independent States three times. If, however, the Declaration of Independence constituted one <
of the several States, it does not even say that it is established by the people of the several States; but it pronounces that it is established by the people of the United States in the aggregate. Benton's Abridgment, Vol. X, p. 448. Judge Story about the same time began to advance the same theory, but more guardedly and with less rashness of statement. It was not until thirty years after that it attained its full development in the annunciations of sectionists rather than statesmen.of an English journal, to impose upon them a preposterous fiction. It was state ratification alone—the ratification of the people of each state, independently of all other people—that gave force, vitality, and validity to the Constitution. Judge Story, referring to the fact that the voters assembled in the several states, asks where else they could have assembled—a pertinent question on our theory, but the idea he evidently intended to convey was that the voting of the people by states was <
never surrendered nor transferred, but only delegated use of the term by members of the Constitutional convention. the term sovereign or sovereignty, says Judge Story, is used in different senses, which often leads to a confusion of ideas, and sometimes to very mischievous and unfounded conclusions. Without any disrespect for Judge Story, or any disparagement of his great learning and ability, it may safely be added that he and his disciples have contributed not a little to the increase of this confusion of ideas and the spread of these mischievous and unfounded conclusions. There is no good reason whatever why it should be used in different sense, o divided sovereignty and delegated sovereignty have arisen, to create that confusion of ideas and engender those mischievous and unfounded conclusions, of which Judge Story speaks. Confounding the sovereign authority of the people with the delegated powers conferred by them upon their governments, we hear of a goverment of the Uni
to the original records, or to the Republic of Republics, in which will be found a most valuable collection and condensation of the teaching of the fathers on the subject. There was no dissent, at that period, from the interpretation of the Constitution which I have set forth, as given by its authors, except in the objections made by its adversaries. Those objections were refuted and silenced, until revived long afterward, and presented as the true interpretation, by the school of which Judge Story was the most effective founder. At an earlier period—but when he had already served for several years in Congress, and had attained the full maturity of his powers— Webster held the views which were presented in a memorial to Congress of citizens of Boston, December 15, 1819, relative to the admission of Missouri, drawn up and signed by a committee of which he was chairman, and which also included among its members Josiah Quincy. He speaks of the states as enjoying the exclusive posse
of the states asserted, 133. Extracts from essays by Hamilton, 137-38. Extracts from speeches by Marshall, 140. Right of secession, 144-46, 154. Right of interposition, 159-61. State-Rights party (See Democratic party). States. Admission to Union, 34-35, 153-54. Committee of, 7, 75. Stephens, Alexander H., 204, 205, 206. Elected vice-president of Confederate States of America, 197. Remarks on Confederate Constitution, 223. Stewart, Gov. of Missouri, 359. Story, Judge, Joseph, 100,108, 110, 112, 140. Extract from Commentaries, 98-99. Remarks on sovereignty, 120-21. Stuart, Gen. J. E. B., 299, 325. Sturgis, General, 365, 370. Summers, George W. Delegate to Peace Congress, 214. T Talbot, Lieut., 236. Talleyrand, —, 186. Taney, Chief Justice, 70, 71, 231, 293. Tappan, Colonel, 345. Tariff, 28, 428-29. Act of 1828, 161, 430-31. Act of 1816, 428-29. Taylor, General, 33. Gen. Zachary, 294. Teneyck, —, 38. Tennessee.
Harper's Encyclopedia of United States History (ed. Benson Lossing), Amistad, case of the. (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.
ght misquotation condemned the scholarship of Mr. Hoar in his estimation; and he had no confidence in his learning afterwards. He was a person of great self-possession, a trait which he inherited from his father, who when high-sheriff of Suffolk County was called upon to read the Riot Act on the stage of the Federal-Street Theatre, where a riot was in progress, and went steadily through it in the midst of a shower of brickbats. He delighted in the society of distinguished men, of whom Judge Story was then one of the foremost in Cambridge. He was deeply impressed with the beauty of the Prayer Book of our Church; and I have often heard him read in a very solemn manner many portions of it, especially the burial-service, which he would render with great pathos. Another of his companions, in a carefully-written letter, says to me, He was more given to study than to companionship. He had the reputation of being a diligent reader out of the course, and was often praised for his the
mner enters the Law School. method of study. Mr. Justice Story. Mr. Sumner's regard for him. his eloquent Tthat eminent jurist and accomplished scholar, Joseph Story, Ll.D., who very soon began to appreciate the abilitwhich he always manifested a strong interest. Mr. Justice Story was a fine belles-lettres scholar, an earnest the reader may infer from the tribute paid to Mr. Justice Story in Mr. Sumner's elegant oration on The Scholar. It was under the genial and erudite tuition of Judge Story, and in the moot courts and discussions of the Lar. Sumner, and his Reports of the Decisions of Mr. Justice Story:-- On an insurance question, before the Cougentleman whom we all knew and respected. of Mr. Justice Story. He also edited with signal ability The Ameri occasionally appeared as a professor in place of Judge Story. He was then in manner reserved, yet courteous; Brougham had expressed to him the opinion that Mr. Justice Story was the greatest judge in the world. Mr. Su
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