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Madison (search for this): chapter 101
ctly with and base it upon the very source of power—the people—the sovereignty itself, making thirteen sovereignties, as Madison said, and all the fathers understood the constitutors of the new pact—the constituents or principals of the new agency. the Constitution; and that now remains above it, controlling, through its agency, all the subjects of its government. Madison says such arguers lose sight of the people. And he further says, the Federal and State governments are but different ag line of the following diagram A to B is the extent of governing jurisdiction. The Federal and State governments, says Madison, are but different agents of the people. Sovereignty, continues he, resides with the people alone. C is the State agende by the foes of the Constitution to defeat it, and which was proved untrue by the fathers, viz: Washington, Hamilton, Madison, and the rest. Will not the reimposition of them be alike fraudulent, revolutionary and detestable? For a complete exp<
Fisher Ames (search for this): chapter 101
t factually as they would the person, lineaments, and traits of a king, or as they would the foundations, walls, and uses of a fort. The States are beautiful structures on the broad beach—the Union a surrounding dyke to fence out the flood. [Fisher Ames.] The Constitution and all its parts, as well as its history, are facts. Construction indeed! Gouverneur Morris deals with some of the constructors or interpreters as follows: The Legislature will always make the power it wishes to exercise one. [Federalist, 46.] And in numbers 39 and 40, and in the Virginia Convention, he said it was the people as thirteen distinct sovereignties, and that the government formed was federal and not national. Washington, Hamilton, Sherman, Ellsworth, Ames, Bowdoin, Morris, and, in short, all the fathers, took the same view; all recognizing the union of sovereign States. Now, how is it possible for any informed person to doubt that sovereignty is, as James Wilson says, in the people before they m
W. T. Sherman (search for this): chapter 101
its government. Madison says such arguers lose sight of the people. And he further says, the Federal and State governments are but different agents and trustees of the people. * * * The ultimate authority, wherever the derivative may be, resides with the people alone. [Federalist, 46.] And in numbers 39 and 40, and in the Virginia Convention, he said it was the people as thirteen distinct sovereignties, and that the government formed was federal and not national. Washington, Hamilton, Sherman, Ellsworth, Ames, Bowdoin, Morris, and, in short, all the fathers, took the same view; all recognizing the union of sovereign States. Now, how is it possible for any informed person to doubt that sovereignty is, as James Wilson says, in the people before they make a Constitution, and remains in them after it is made, i. e., in thirteen independent sovereignties—to use his own words? Of course the collective people, that is to say, societies, is meant, for only as organized bodies can th
Charles E. Fenner (search for this): chapter 101
dsoe published his work entitled: Is Davis a Traitor, making substantially the same argument, and presenting, in a large measure, the same authorities. Judge Charles E. Fenner, in an admirable discourse delivered at the unveiling of the Lee statue in New Orleans on the 22d of February, 1884, credits Professor Bledsoe's work withtz's later editions, think he copied from Mr. Stephens. Iii. is secession a constitutional right? This is the sub-title of Professor Bledsoe's book; and Judge Fenner, in his discourse, also seems to regard the question as a Constitutional one. As the Constitution has nothing express or implied on the subject, the right musnd helpless victims. Iv. two Constructions of the Constitution, Is a common phrase, involving error; opposite interpretations of a written instrument—as Judge Fenner euphemistically puts it. Soon after peace, James L. Orr, of South Carolina, hastened to bridge the bloody chasm by telling the North we differed with her as to
ZZZ (search for this): chapter 101
part III, ch. VII.] Another fundamental error exposed. Before concluding I will give another blackboard-demonstration of error—as to sovereignty—which is of vital moment. The bottom line of the following diagram A to B is the extent of governing jurisdiction. The Federal and State governments, says Madison, are but different agents of the people. Sovereignty, continues he, resides with the people alone. C is the State agency, D the Federal one. Each acts over the whole ground. Zzz We must predicate agency, and not sovereignty, of these agents, C and D. The people alone are sovereign and are represented by E. They have set two servants to work in the same field. They control both and prevent conflict. The house is not divided against itself. The able writer who said the problem left us by the Convention is to harmonize National and State sovereignty, loses sight of the people—to use Madison's expression. The only sovereignty is theirs. C and D are always agen<
Gouverneur Morris (search for this): chapter 101
, and uses of a fort. The States are beautiful structures on the broad beach—the Union a surrounding dyke to fence out the flood. [Fisher Ames.] The Constitution and all its parts, as well as its history, are facts. Construction indeed! Gouverneur Morris deals with some of the constructors or interpreters as follows: The Legislature will always make the power it wishes to exercise * * swearing the true intent and meaning [of the Constitution] to be that which suits their purpose. [Iii, Lift, 46.] And in numbers 39 and 40, and in the Virginia Convention, he said it was the people as thirteen distinct sovereignties, and that the government formed was federal and not national. Washington, Hamilton, Sherman, Ellsworth, Ames, Bowdoin, Morris, and, in short, all the fathers, took the same view; all recognizing the union of sovereign States. Now, how is it possible for any informed person to doubt that sovereignty is, as James Wilson says, in the people before they make a Constituti
Trumbull (search for this): chapter 101
after as well as before, a Constitution is made. And, as Daniel Webster said, sovereignty in America is al- ways in the people, and never in the government. And, as no change whatever was provided as to name, geography, people, organism, mode of mental action, or political will, of these societies, we may consider all assertions of their degradation as falsehoods, and not mistakes of interpretation! Why did not the great Republican leaders, Chase, Seward, Andrew, Wilson, Stevens, Wade, Trumbull, and others, when they shaped the amendments the conquering States dictated, prohibit secession? Because they knew their sovereigns, New York, Massachusetts, Pennsylvania, Ohio and Illinois preferred the old union of free societies of people to a nation of counties; and they could not even have hinted at preventing secession, and thereby chaining States; and they reflected that risks and burdens must always go with the blessings of liberty. Freedom is not freedom if restrained or qualifie
Bledsoe (search for this): chapter 101
meaning, as facts. The task is to state and describe, not to interpret or construe. 1.—Professor Bledsoe and P. C. Centz, on Davis's alleged treason. The first edition of the Republic of Repuberate Chiefs, except on ground that is composed solely of falsehood and fraud. In 1866, Professor Bledsoe published his work entitled: Is Davis a Traitor, making substantially the same argument, aed at the unveiling of the Lee statue in New Orleans on the 22d of February, 1884, credits Professor Bledsoe's work with being the first to explain why the phrase, We, the people of the United States was not punishable as such. In short, all that was valuable in the defensive argument of Professor Bledsoe, delivered in 1866, was given to the world by P. C. Centz, Barrister, in 1865; though as aom Mr. Stephens. Iii. is secession a constitutional right? This is the sub-title of Professor Bledsoe's book; and Judge Fenner, in his discourse, also seems to regard the question as a Constit
H. W. M. Washington (search for this): chapter 101
rth as an amendment to the articles of confederation; that all the States had carefully instructed their deputies to make such alterations and provisions as would make the Federal Constitution adequate to the exigencies of the Government and the preservation of the Union, and had not authorized them to go further; that the preamble adopted declared this union of States to be (in comparision) a more perfect Union; that the Convention, after maturing the plan, unanimously, through the pen of Washington, stated their aim to be the Federal Government, and that the Congress of States declared on the 13th of September, 1788, that they had received and filed the ratifications of the States, which were provided by the Constitution itself, to be sufficient for the establishment of it. At the conclusion of his most exhaustive historical and constitutional argument, the author asserts that the whole case against Davis, Lee et als, is based on a perversion of the principles of our polity— base
Webster (search for this): chapter 101
Now we are prepared for the historical fact well known to but not mentioned by Dane, Story and Webster, viz: that the preamble, unanimously adopted by the Federal Convention for the proposed Constitrrister, in 1865; though as a criticism and refutation of the consolidation dogmas of Story and Webster, Professor B.'s work is unsurpassed. Ii. So with The war between the States, Which Hon. ill, exercising itself on the matter of government in any sense. The dogmas of Dane, Story and Webster have been shown to be untrue; * * all history falsifies their utterances. The arguments and re to establish the polity, thus becoming, as Hamilton said, the parties to the compact, or, as Webster said, the thirteen Confederated States; as they owned all the votes, and were to elect, commiss seat and residence of sovereign will is simple untruth-criminal, if coupled with knowledge. Webster and Curtis fully Concede the Point —The former saying, in 1833, that sovereignty of governme
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