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Francis Jackson Garrison, William Lloyd Garrison, 1805-1879; the story of his life told by his children: volume 3 3 3 Browse Search
Southern Historical Society Papers, Volume 13. (ed. Reverend J. William Jones) 2 0 Browse Search
Southern Historical Society Papers, Volume 16. (ed. Reverend J. William Jones) 2 2 Browse Search
William H. Herndon, Jesse William Weik, Herndon's Lincoln: The True Story of a Great Life, Etiam in minimis major, The History and Personal Recollections of Abraham Lincoln by William H. Herndon, for twenty years his friend and Jesse William Weik 2 0 Browse Search
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874. 2 2 Browse Search
George Bancroft, History of the Colonization of the United States, Vol. 1, 17th edition. 2 0 Browse Search
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 1. (ed. Frank Moore) 2 2 Browse Search
Southern Historical Society Papers, Volume 12. (ed. Reverend J. William Jones) 2 0 Browse Search
Horace Greeley, The American Conflict: A History of the Great Rebellion in the United States of America, 1860-65: its Causes, Incidents, and Results: Intended to exhibit especially its moral and political phases with the drift and progress of American opinion respecting human slavery from 1776 to the close of the War for the Union. Volume I. 2 2 Browse Search
Hon. J. L. M. Curry , LL.D., William Robertson Garrett , A. M. , Ph.D., Confederate Military History, a library of Confederate States Military History: Volume 1.1, Legal Justification of the South in secession, The South as a factor in the territorial expansion of the United States (ed. Clement Anselm Evans) 2 2 Browse Search
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Southern Historical Society Papers, Volume 9. (ed. Reverend J. William Jones), State sovereignty-forgotten testimony. (search)
dmirable argument exposing the absurdity of Judge Story's theory, that the Declaration of Independecles of Confederation, which instrument, if Judge Story's theory be correct, was, as Mr. Davis pertgered in the reader's mind, even if he were Judge Story redivivus; who, it is clear to my mind, (ifually disposed of our imaginary disciple of Judge Story I will now go back to the subject that was in was; and it of course utterly demolishes Judge Story's theory (attempted to be based on an exprehe Declaration of Independence, entertained Judge Story's theory as based on the phrase one people?ers of the Declaration, if they entertained Judge Story's theory respecting the sovereignty of thatcting in almost every line the theory which Judge Story foisted upon a deluded [Northern] people? o be made respecting that political myth of Judge Story's, the one whole people, or We the people [ the United States. What becomes now of Judge Story's one whole people as a political community[1 more...]
though it might be one of its stipulations that it should be perpetual. In his Commentaries on the Constitution, Mr. Justice Story says, The obvious deductions which may be, and indeed have been drawn, from considering the Constitution a compact on by literary quackery and the legerdemain of words, as our fellow-citizens of the North have in accepting Webster's and Story's version of the preamble of the Constitution. A brief history of the manner, in which the words, We, the people, &c.,n to make the new government a still more complex affair, and to muddle still further the brains of Mr. Webster and Mr. Justice Story. But this motion failed also, and the Constitution was referred to the States for adoption. But now a new questn opinion, I must insist that the proof is conclusive that the Constitution is a compact between the States; and this being so, we have the admission of both Mr. Webster and Justice Story that any one of the States may withdraw from it at pleasure.
ship of war, she committed some offence against the laws of nations, or against the municipal law of some particular nation. This point was settled years before our war, by the Supreme Court of the United States, in the case of the Santissima Trinidad. It was alleged that that ship had been fitted out in the United States, in violation of the neutrality laws—during a war between Spain and her colonies—and the question arose whether this invalidated her commission, as a ship of war. Mr. Justice Story delivered the opinion of the court, in the course of which he said:— In general, the commission of a public ship, signed by the proper authorities of the nation to which she belongs [the nation to which the Santissima Trinidad belonged, was the de facto nation of Buenos Ayres] is complete proof of her national character. A bill of sale is not necessary to be produced, nor will the courts of a foreign country inquire into the means by which the title to the property has been acquir<
serving on board of them. It could have been of no sort of consequence to any foreign officer, demanding to see my commission, whether I was a native of England, Germany, or France, or of any other foreign power. All that he could demand of me, in order to satisfy himself that I was entitled to exercise belligerent rights, was a sight of my commission as a Confederate States naval officer. Nationality is presumed in all such commissions, and the presumption cannot be inquired into. Mr. Justice Story, in the decision quoted a few pages back, says, as the reader will recollect, that the commission of a ship of war imports such absolute verity, that it cannot be inquired into, or contradicted. It is like proving a fact by a record. No other proof than the production of the record is required, or indeed permitted. The commission of the commander is the commission of his ship. Neither the Sumter nor the Alabama had any other commission than my own, and the orders assigning me to t
change. There was never a disposition in any quarter, in the early days of our constitutional history, to deny this great fundamental principle of the Republic. In the most elaborate expositions of the Constitution by its friends (says Justice Story), its character as a permanent form of government, as a fundamental law, as a supreme rule, which no State was at liberty to disregard, to suspend, or to annul, was constantly admitted and insisted upon. --1 Story, 325. The fears of its op but such a proceeding is very different from the secession ordinance of a single State resuming its sovereignty of its own free will, and without consultation with the rest of the inhabitants of the country. There was no reservation (says Justice Story) of any right on the part of any State to dissolve its connection, or to abrogate its dissent, or to suspend the operation of the Constitution as to itself. And thus, when the ratifications had been made, a new commonwealth took its place
Archibald H. Grimke, William Lloyd Garrison the Abolitionist, Chapter 16: the pioneer makes a new and startling departure. (search)
partnership with slaveholders. Another circumstance which induced to this kind of reflection was the case of George Latimer, who was seized as a fugitive slave in Boston in the autumn of 1842. From beginning to end the Latimer case revealed how completely had Massachusetts tied her own hands as a party to the original compact with slavery whose will was the supreme law of the land. In obedience to this supreme law Chief-Justice Shaw refused to the captive the writ of habeas corpus, and Judge Story granted the owner possession of the fugitive, and time to procure evidence of his ownership. But worse still Massachusetts officials and one of her jails were employed to aid in the return of a man to slavery. This degradation aroused the greatest indignation in the State and led to the enactment of a law prohibiting its officials from taking part in the return of fugitive slaves, and the use of its jails and prisons for their detention. The passage of this personal liberty measure se
C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874., Section Fourth: orations and political speeches. (search)
l who dared to speak in favor of the stamps. And shall we be more tolerant of those who volunteer in favor of this Bill—more tolerant of the Slave-Hunter, who, under its safeguard, pursues his prey upon our soil? The Stamp Act could not be executed here. Can the Fugitive Slave Bill? And here, Sir, let me say, that it becomes me to speak with peculiar caution. It happens to me to sustain an important relation to this Bill. Early in professional life I was designated by the late Mr. Justice Story one of the Commissioners of the Courts of the United States, and, though I have not very often exercised the functions of this post, yet my name is still upon the lists. As such I am one of those before whom, under the recent Act of Congress, the panting fugitive may be brought for the decision of the question, whether he is a freeman or a slave. But while it becomes me to speak with caution, I shall not hesitate to speak with plainness. I cannot forget that I am a man, although I a
l who dared to speak in favor of the stamps. And shall we be more tolerant of those who volunteer in favor of this Bill—more tolerant of the Slave-Hunter, who, under its safeguard, pursues his prey upon our soil? The Stamp Act could not be executed here. Can the Fugitive Slave Bill? And here, Sir, let me say, that it becomes me to speak with peculiar caution. It happens to me to sustain an important relation to this Bill. Early in professional life I was designated by the late Mr. Justice Story one of the Commissioners of the Courts of the United States, and, though I have not very often exercised the functions of this post, yet my name is still upon the lists. As such I am one of those before whom, under the recent Act of Congress, the panting fugitive may be brought for the decision of the question, whether he is a freeman or a slave. But while it becomes me to speak with caution, I shall not hesitate to speak with plainness. I cannot forget that I am a man, although I a
Francis Jackson Garrison, William Lloyd Garrison, 1805-1879; the story of his life told by his children: volume 2, Chapter 4: Pennsylvania Hall.—the non-resistance society.—1838. (search)
o death or keep them in prison. Brother Wright will prepare one on the inviolability of human life; Quincy, on the right of others, as well as members of the Society of Friends, to have their conscientious scruples respecting military trainings, etc., duly regarded. This was a practical question. See the case of David Cambell, publisher of the Graham Journal, confined six days (a second time) in Leverett-Street jail for neglect of military duty (Lib. 8.66, 67), and the proceedings in Judge Story's court, reported by Mr. Garrison in Lib. 8.167. Walker will prepare one on military parades and titles. Others have been or will be requested to write on other topics. All this should be inter nos. To Mr. Garrison, still at Brooklyn, Edmund Quincy wrote as follows on August 10: Brother Wright was in town yesterday, and we talked over Ms. together the approaching Peace Convention and its probable results. The clergy, he tells me, are already preaching against it, the effect of
Wendell Phillips, Theodore C. Pease, Speeches, Lectures and Letters of Wendell Phillips: Volume 1, chapter 9 (search)
ittee to take this clause into consideration. That committee consisted of Messrs. Story of Salem (Judge Story, of the Supreme Court of the United States), John PhiJudge Story, of the Supreme Court of the United States), John Phillips of Boston (Judge of the Common Pleas Court of Massachusetts, and President of the Senate), Martin of Dorchester, Cummings of Salem (Judge of the Common Pleas), the government, but, on the contrary, it was a strong branch. Then comes Judge Story. If anybody ever was, J may say, a little crazy on the subject of the independence of the judges, it was the late able and learned Judge Story,--at least during the last half of his life. What does he say? He says:-- The Governor andif the judge has no right to be heard. That is the opinion of the learned Judge Story as to the power of the Legislature. I have no fear of the voice of the people, says Judge Story. All he proposed was, that the judge should have an opportunity to be heard. What was the result of this discussion? The Convention propose
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