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Browsing named entities in a specific section of 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). Search the whole document.

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Charles A. Miller (search for this): chapter 3
the second, Congress is empowered to lay taxes, under certain restrictions, to provide for the common defense and general welfare. A sovereign or absolute right to dispose of these requisitions or taxes without any restriction is not given to Congress by either. The general terms used in both are almost literally the same and, therefore, they must have been used in both under the same impression of their import and effect. (Taylor's Construction Construed, 55.) An obiter dictum of Justice Miller, of the Supreme court, gives point to the value of restrictions and of enforcing them. To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes is none the less a robbery because it is done under the favor of the law. The Constitution made by States. As everything in this discussion depends on the Constitution it seems prudent to state with s
Thomas Jefferson (search for this): chapter 3
people and the States against Federal usurpation, and one of them Jefferson pronounced the corner stone of the Constitution. The ninth amendinally all powers, without the mockery of a verbal limitation. Mr. Jefferson deprecated usurpation of the powers retained by the States, ints infractions? The famous Kentucky resolutions of 1798, drawn by Jefferson, affirm that the States composing the Union are not united on thence, in order to secure a reversal of the legal tender decision. Jefferson, in 1820, saw how by the silent and potential influence of judicid has been and is to centralization, justifying the prediction of Jefferson that when all government, domestic and foreign, in little as in g when seriously mentioned, provoke contempt or ridicule. In 1824 Jefferson wrote to Van Buren: General Washington was himself sincerely a frnot formally secede, but of themselves, without assent of those Mr. Jefferson described as co-parties with themselves to the compact, changed
H. A. Washington (search for this): chapter 3
rously excluded. State rights is perhaps the best term, although not precise or definite in its signification, for suggesting the view of the Constitution and of Federal powers, as held by the Southern States. During the administration of General Washington, those who were in favor of protecting the reserved rights of the States against threatened or possible encroachment of the delegated powers assumed the name of the Republican party, but were often called the State Rights party. In the gre departed from its federal character, and reserved powers are so far removed from possible application in case of controversy, that State rights, when seriously mentioned, provoke contempt or ridicule. In 1824 Jefferson wrote to Van Buren: General Washington was himself sincerely a friend to the republican principles of our Constitution. His faith might not, perhaps, have been as confident as mine, but he repeatedly declared to me that he was determined it should have a fair chance of success,
Robert Y. Hayne (search for this): chapter 3
he reserved rights of the States against threatened or possible encroachment of the delegated powers assumed the name of the Republican party, but were often called the State Rights party. In the great historic debate in the Senate in 1830, Robert Y. Hayne, of South Carolina, said that they assumed the name of Democratic Republicans in 1812. True to their political faith they have always been in favor of limitations of power, they have insisted that all powers not delegated to the Federal govement that the South has been misrepresented and villified through ignorance, it may be said that, while school boys are familiar with Webster's eloquent periods, few writers and politicians have read the more logical and unanswerable argument of Hayne. There is no ultimate nor authoritative appeal for determining the political differences between the North and South except the Constitution, but some preliminary inquiries, answers to which will be suggestive and argumentative, may aid in under
Jesus Christ (search for this): chapter 3
ontemplation by them, and by the fact that the money to maintain the expedition, and the large armament they brought with them, had been contributed and furnished by the citizens of other States of the Union under circumstances that must continue to jeopard the safety and peace of the Southern States, and against which Congress has no power to legislate. Now, John Brown inspires a popular song and poetry and eloquence, almost a national air, and Northern writers and people compare him to Jesus Christ and put him in the Saints' Calendar of Freedom. The organization of the Grand Army of the Republic has become a potent political agency, demanding that Union soldiers shall have preference, and making connection with the army, irrespective of service or personal merit, the highest consideration in appointments to places of profit and trust. Akin to this, a gigantic pension system, heavier and more exhaustive than the support of the huge standing army in Germany, has been fastened on
ade this Declaration was appointed by the colonies in their separate and distinct capacity. They voted on its adoption in their separate character, each giving one vote by all its own representatives who acted in strict obedience to specific instructions from their respective colonies, and the members signed the Declaration in that way. The members had authority to act in the name of their own colony and not of any other, and were representatives only of the colony which appointed them. Judge Story, in his Commentaries on the Constitution, reasons upon this instrument as having the effect of making the colonies one people, merging their existence as separate communities into one nation. The Declaration of Independence is often quoted as an authoritative political document defining political rights and duties, as on a parity with the Constitution, and as binding parties and people and courts and States by its utterances. The platform of the Republican party in 1856 and 1860 affirms
Zachary Taylor (search for this): chapter 3
general welfare were to be made by Congress upon the States. By the second, Congress is empowered to lay taxes, under certain restrictions, to provide for the common defense and general welfare. A sovereign or absolute right to dispose of these requisitions or taxes without any restriction is not given to Congress by either. The general terms used in both are almost literally the same and, therefore, they must have been used in both under the same impression of their import and effect. (Taylor's Construction Construed, 55.) An obiter dictum of Justice Miller, of the Supreme court, gives point to the value of restrictions and of enforcing them. To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes is none the less a robbery because it is done under the favor of the law. The Constitution made by States. As everything in this discus
John C. Calhoun (search for this): chapter 3
Constitution was formed being power, security and respectability without, and peace, tranquillity and harmony within. Mr. Calhoun, in early political life, stated clearly our dual system. The American Union is a democratic federal republic—a politquish its own claims, or to look for protection against danger to the quarter from which only it could possibly come. (1 Calhoun, 237.) Every sovereignty is the judge alone of its own compacts and agreements. Each State must have the right to intery exceeds the number to which the power of State legislation does not extend. (Federalist, No. 14; Mich. Lect., 244; 1 Calhoun, 197, 204, 214-15.) If the Union be indissoluble, with equal or greater propriety we may affirm that the States are equahe Constitution, and the greater the tendency, accompanied by increase of ability, to unite for sectional domination. (1 Calhoun, 241, 371.) The tariff system, framed in the interests and at the dictation of classes and persons that contribute li
October, 1859 AD (search for this): chapter 3
impossible to find any justification for them in law, precedent or consistency. . . . The reconstruction acts must consequently be condemned as unconstitutional, founded on force, not law, and so tyrannical as to imperil the liberty of the entire nation should they be recognized as binding precedents. The change of sentiment in reference to John Brown is a startling revelation of the rapidity with which sectional and political hostility can pervert the judgment and the conscience. In October, 1859, this bold, bad man attempted his bloody foray into Virginia, fraught with most terrible consequences of spoliation of property, arson, insurrection, murder and treason. The raid was a compound of foolhardiness and cruelty. Conservative and respectable journals and all decent men and women denounced, at the time, the arrogant and silly attempt of the murderer to take into his destructive hands the execution of his fell purposes. Sympathy with those purposes and his methods was vehemen
e Constitution and of Federal powers, as held by the Southern States. During the administration of General Washington, those who were in favor of protecting the reserved rights of the States against threatened or possible encroachment of the delegated powers assumed the name of the Republican party, but were often called the State Rights party. In the great historic debate in the Senate in 1830, Robert Y. Hayne, of South Carolina, said that they assumed the name of Democratic Republicans in 1812. True to their political faith they have always been in favor of limitations of power, they have insisted that all powers not delegated to the Federal government are reserved, and have been constantly struggling to preserve the rights of the States and to prevent them from being drawn into the vortex and swallowed up by one great consolidated government. As confirmatory of the statement that the South has been misrepresented and villified through ignorance, it may be said that, while school
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