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May 14th, 1787 AD (search for this): chapter 1
e individual citizens of the States, without the intervention of State authority, could make no difference. This did not make the latter more a government than the former. The difference was a mere matter of detail, a mere matter of machinery—nothing more. It did not imply more or less absolute sovereignty in the one case, than in the other. Whatever of sovereignty had been granted, had been granted by the States, in both instances. The new Convention met in Philadelphia, on the 14th of May, 1787, with instructions to devise and discuss all such alterations, and further provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union. We see, thus, that the very Convention which framed the Constitution of the United States, equally called the Articles of Confederation a Constitution. It was, then, from a Constitutional, Federal Government, that the States seceded when they adopted the present Constitution of the United States I A Conven
Fort Henry (Tennessee, United States) (search for this): chapter 1
told it in burning words of prophecy; and when that instrument was adopted, when the great name and great eloquence of James Madison had borne down all opposition, Henry and his compatriots seemed particularly anxious that posterity should be informed of the manly struggle which they had made. Henry said, The voice of tradition, IHenry said, The voice of tradition, I trust, will inform posterity of our struggles for freedom. If our descendants be worthy of the name of Americans, they will preserve, and hand down to the latest posterity, the transactions of the present times; and though I confess my explanations are not worth the hearing, they will see I have done my utmost to preserve their lother to preserve it. But they were, in fact, both engaged in a similar struggle; the object of both being to preserve the sovereignty of their respective States. Henry did not object so much to the nature of the partnership, into which his State was about to enter, as to the the nature of the partners with whom she was about to c
Maryland (Maryland, United States) (search for this): chapter 1
d, charged with a few specific powers, such as conducting the foreign affairs of the Confederacy, the regulation of commerce, &c. At the formation of this Government, it was intended that it should be perpetual, and was so declared. It lasted, notwithstanding, only a few years, for peace was declared in 1783, and the perpetual Government ceased to exist in 1789. How did it cease to exist? By the secession of the States. Soon after the war, a convention of delegates met at Annapolis in Maryland, sent thither by the several States, for the purpose of devising some more perfect means of regulating commerce. This was all the duty with which they were charged. Upon assembling, it was found that several of the States were not represented in this Convention, in consequence of which, the Convention adjourned without transacting any business, and recommended, in an address prepared by Alexander Hamilton, that a new convention should be called at Philadelphia, with enlarged powers. The
Rhode Island (Rhode Island, United States) (search for this): chapter 1
our States, whether these would or not, and they would be left to provide for themselves. It was by no means the voluntary breaking up of a compact, by all the parties to it. It was broken up piece-meal, each State acting for itself, without asking the consent of the others; precisely as the Southern States acted, with a view to the formation of a new Southern Confederacy. So far from the movement being unanimous, it was a long time before all the States came into the new government. Rhode Island, one of the Northern States, which hounded on the war against the Southern States, retained her separate sovereignty for two years before she joined the new government, not uttering one word of complaint, during all that time, that the old government, of which she had been a member, had been unduly broken up, and that she had been left to shift for herself. Why was this disruption of the old government regarded as a matter of course? Simply because it was a league, or treaty, between so
United States (United States) (search for this): chapter 1
eration a government—a Federal Government. It was, indeed, both a league and a government, as it was formed by sovereign States; just as the Government of the United States is both a league and a government, for the same reason. The fact that the laws of the Confederation, passed in pursuance of its League, or Constitution, were to operate upon the States; and the laws of the United States were to operate upon the individual citizens of the States, without the intervention of State authority, could make no difference. This did not make the latter more a government than the former. The difference was a mere matter of detail, a mere matter of machinery—nthe Constitution of the United States is a very different thing from the Articles of Confederation. It was formed, not by the States, but by the people of the United States in the aggregate, and made all the States one people, one government. It is not a compact, or league between the States, but an instrument under which they ha
Annapolis (Maryland, United States) (search for this): chapter 1
n established, charged with a few specific powers, such as conducting the foreign affairs of the Confederacy, the regulation of commerce, &c. At the formation of this Government, it was intended that it should be perpetual, and was so declared. It lasted, notwithstanding, only a few years, for peace was declared in 1783, and the perpetual Government ceased to exist in 1789. How did it cease to exist? By the secession of the States. Soon after the war, a convention of delegates met at Annapolis in Maryland, sent thither by the several States, for the purpose of devising some more perfect means of regulating commerce. This was all the duty with which they were charged. Upon assembling, it was found that several of the States were not represented in this Convention, in consequence of which, the Convention adjourned without transacting any business, and recommended, in an address prepared by Alexander Hamilton, that a new convention should be called at Philadelphia, with enlarged
Patrick Henry (Virginia, United States) (search for this): chapter 1
Chapter 1: A brief historical Retrospect. The disruption of the American Union by the war of 1861 was not an unforeseen event. Patrick Henry, and other patriots who struggled against the adoption of the Federal Constitution by the Southern States, foretold it in burning words of prophecy; and when that instrument was ad it sometimes takes more than one generation or one revolution to establish a principle. At first sight, it may appear that there is some discordance between Patrick Henry and Jefferson Davis, as the one struggled against the adoption of the Constitution, and the other to preserve it. But they were, in fact, both engaged in a sime South will be permanently enslaved. We endeavored to bring about the separation, and we sacrificed our fortunes, and risked our lives to accomplish it. Like Patrick Henry, we have done our utmost to preserve our liberties; like him, we have failed, and like him, we desire that our record shall go down to such of our posterity as
nvention, or those of the several State Conventions to which the Constitution was submitted for adoption, without being struck with the scrupulous care with which all the States guarded their sovereignty. The Northern States were quite as jealous, in this respect, as the Southern States. Next to Massachusetts, New Hampshire has been, perhaps, the most fanatical and bitter of the former States, in the prosecution of the late war against the South. That State, in her Constitution, adopted in 1792, three years after the Federal Constitution went into operation, inserted the following provision, among others, in her declaration of principles: 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. Although it was quite clear
this particular question; in short, it is, and it is not a compact, by turns, according to the use they intend to make of the argument. Mr. Webster's doctrine of the Constitution, chiefly relied on by Northern men, is to be found in his speech of 1833, in reply to Mr. Calhoun. It is in that speech that he makes the admission, that if the Constitution of the United States is a compact between the States, the States have the right to withdraw from it at pleasure. He says, If a league between soder is, that such men as Webster and Story should have risked their reputations with posterity, on a construction which may so easily be shown to be a falsification of the facts of history. Mr. Webster, in his celebrated speech in the Senate, in 1833, in reply to Mr. Calhoun, made this bold declaration: The Constitution itself, in its very front, declares, that it was ordained and established by the people of the United States in the aggregate! From that day to this, this declaration of Mr. W
The powers not delegated were to be reserved to those delegating them, to wit: the several States; that is to say, to each and every one of the States. Virginia fought long and sturdily against adopting the Constitution at all. Henry, Mason, Tyler, and a host of other giants raised their powerful voices against it, warning their people, in thunder tones, that they were rushing upon destruction. Tyler even went so far as to say that British tyranny would have been more tolerable. So distTyler even went so far as to say that British tyranny would have been more tolerable. So distasteful to her was the foul embrace that was tendered her, that she not only recommended an amendment of the Constitution, similar to that which was recommended by Massachusetts, making explicit reservation of her sovereignty, but she annexed a condition to her ratification, to the effect that she retained the right to withdraw the powers which she had granted, whenever the same shall be perverted to her injury or oppression. North Carolina urged the following amendment—the same, substantial
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