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Browsing named entities in a specific section of Southern Historical Society Papers, Volume 26. (ed. Reverend J. William Jones). Search the whole document.

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borne, in very deed, with bier and pall. Yet in spite of an experience so bitter, true sons of the stricken commonwealth will say of her, as was said of Athens, in language the noble simplicity of which touches and thrills us, even now, through the veil of translation, and after the lapse of more than twenty centuries, with something of the feeling it must have inspired in its hearers, I affirm that if the future had been apparent to us all * * * nevertheless the State ought not to have deviated from her course, if she had regard to her own honor, the traditions of the past, or the judgment of posterity. Wm. Baird, Essex County, Va. No heroic sacrifice is ever lost; the characters of men are moulded and inspired by what their fathers have done—treasured up are all the unconscious influences of good deeds. It was such an influence that led a young Greek to exclaim, two thousand years ago, when he heard the news from Marathon: The trophies of Miltiades will not let me sleep!
ently snatched from its grasp by an act hurried through Congress and passed over the President's veto, or upon the still more notorious Legal-Tender cases, in which the Court was deliberately packed for the purpose of obtaining the reversal of a decision disagreeable to the Government, it will be sufficient to recall the treatment it experienced in two memorable instances during the late war, as recorded by a leading Republican after the most straitest sect of that political faith. The Dred Scott decision, says Mr. Blaine, received no respect after Mr. Lincoln became President, and without reversal by the court was utterly disregarded. And again, almost immediately afterward, on the same page, When President Lincoln, in 1861, authorized the denial of the writ of habeas corpus to persons arrested on a charge of treason, Chief Justice Taney delivered an opinion in the case of John Merryman, denying the President's power to suspend the writ, declaring that Congress only was compete
ength, in sheer despair, abandoned the hopeless attempt. Of what avail laboriously and painfully to dispose of one constitutional difficulty by skilful evasion, and of another by forced construction, merely to find oneself immediately confronted by another, and another, and another, in endless succession? The process could not go on indefinitely; from the beginning it was apparent that, sooner or later, it lust inevitably break down. All the subtlety displayed by the ingenious brothers of Swift's famous satire in affixing to their father's will a meaning directly opposed to its obvious intent, would hardly suffice to wrest the organic law of the Union so far from the purpose of its framers as to render it applicable to a condition in which one portion of the States are invaded, subjugated and governed as military districts by the other portion. So manifest, indeed, was this that the Congress at Washington, impelled by an unacknowledged, but not the less imperative sense of it, fel
y protected by law; who would learn how to frame constitutions and statutes; who would seek models of the character of the patriot, of the statesman, of the gentleman, of the soldier, may seek instruction from her,—may study her history as in a great university. And elsewhere, in commenting upon the cession of her northwestern territory to the Union in 1784, he says in a similar vein: The cession of Virginia was the most marked instance of a large and generous self-denial. I never, said Webster, in one of his last great speeches in the Senate, reflect upon it without a disposition to do honor and justice, and justice would be the highest honor, to Virginia, for the cession of her northwestern territory. I will say, sir, it is one of her fairest claims to the respect and gratitude of the country, and that perhaps it is only second to that other claim which belongs to her; that from her counsels and from the intelligence and patriotism of her leading statesmen, proceeded the first
Jefferson Davis (search for this): chapter 1.3
e exasperation of feeling incident to the period, and the strong pressure in favor of the new State's claim, the Court was equally divided, which must, under the circumstances, be regarded as a decided moral, though of course not a legal victory for Virginia. On the reconstruction of the Court, and the appointment of two new justices in 1871, the case came up again, and on a demurrer filed by the counsel for West Virginia, was decided in her favor. The dissenting opinion delivered by Justice Davis, and concurred in by Justices Clifford and Field, states the case tersely and clearly: To my mind there is nothing clearer than that Congress never did undertake to give its consent to the transfer of Berkeley and Jefferson counties to the State of West Virginia until March 2nd, 1866. If so, the consent came too late, because the Legislature of Virginia had, on the 5th day of December, 1865, withdrawn its assent to the proposed cession of the two counties. This withdrawal was in ample
the period, and the strong pressure in favor of the new State's claim, the Court was equally divided, which must, under the circumstances, be regarded as a decided moral, though of course not a legal victory for Virginia. On the reconstruction of the Court, and the appointment of two new justices in 1871, the case came up again, and on a demurrer filed by the counsel for West Virginia, was decided in her favor. The dissenting opinion delivered by Justice Davis, and concurred in by Justices Clifford and Field, states the case tersely and clearly: To my mind there is nothing clearer than that Congress never did undertake to give its consent to the transfer of Berkeley and Jefferson counties to the State of West Virginia until March 2nd, 1866. If so, the consent came too late, because the Legislature of Virginia had, on the 5th day of December, 1865, withdrawn its assent to the proposed cession of the two counties. This withdrawal was in ample time, as it was before the proposal o
John C. Calhoun (search for this): chapter 1.3
class of Unionists (so-called) With regard to this assumption of the name of Unionists by those whose whole course tended constantly to the destruction of the real Union framed by the founders of the government, the following sentence from Mr. Calhoun's last great speech in the Senate will be found strikingly just and appropriate: But surely, that can with no propriety of language be called a Union, when the only means by which the weaker is held connected with the stronger portion, is forc when viewed as the final arbiter of those high constitutional questions to which the real parties are not individuals or corporations amenable to process, but governments and commonwealths. For this function, as was long since pointed out by Mr. Calhoun with characteristic clearness and force, it could never have been intended, and is, from its organization, nature and limitations, essentially unfit. Brought face to face with questions like these, the Court, if it does not yield submissively
Gouverneur Morris (search for this): chapter 1.3
n high in authority sometimes talking of the constitutional difficulties about enforcing measures against this belligerent power (the Confederate States), and the next moment disregarding every vestige and semblance of the Constitution. * * If he (the President) must look there (to the Constitution) alone for authority, then all these acts are flagrant usurpations. With such cool contempt does he brush aside the flimsy pretexts by which it had been sought, in striking fulfilment of Gouverneur Morris' famous prediction to avoid the shame if not the guilt of perjury, by affecting to reconcile acts like this with the provisions of the fundamental law. Better, in his view, not to attempt it; better that the legislative lion should burst at once and boldly through the meshes of the constitutional net. The attempt, indeed, by whatever abilities sustained, could not but end in failure; for it was a task beyond the power of human accomplishment. The Constitution, in letter and in spirit,
de a new State, :and nobody else consenting, and nobody else left to consent to it? * * * It is the party applying for admission consenting to the admission. That is the whole of it. Language could hardly be more emphatic or more accurate. Mr. Dawes, of Massachusetts, was equally decided in his opposition to the scheme. So far as I know, he said, I do not believe there is a single person representing any portion of that part of Virginia which is left who ever consented to the erection andh the events of his life. The bill for the admission of West Virginia finally passed the House (December 10th, 1862), by a vote of 96 to 55, the Democrats voting solidly in opposition, as did also a number of prominent Republicans, including Mr. Dawes, with a majority of his colleagues from Massachusetts; Mr. Conkling, of New York; Mr. Thomas, of Maryland, and Mr. Conway, of Kansas. The act thus passed required an amendment to the Constitution of West Virginia on the subject of slavery, as
would hardly suffice to wrest the organic law of the Union so far from the purpose of its framers as to render it applicable to a condition in which one portion of the States are invaded, subjugated and governed as military districts by the other portion. So manifest, indeed, was this that the Congress at Washington, impelled by an unacknowledged, but not the less imperative sense of it, felt constrained, while in the very act of prosecuting a war as distinctly one of conquest as that which Xerxes waged against Greece, or Edward I against Scotland, to disclaim in words any purpose of conquest or subjugation, or the overthrowing or interfering with the rights or established institutions of those (the seceding) States, and to declare by solemn resolution its object to be simply the preservation of the Union, with all the dignity, equality, and rights of the several States unimpaired. This is in the very spirit of the scriptural son, who answered and said, I go, sir; and went not. I
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