Posted on 09/30/2003 12:19:22 PM PDT by sheltonmac
"The people of the United States by the adoption of the federal constitution established a general government for special purposes, reserving to themselves respectively, the rights and authorities not delegated in that instrument. To the compact thereby created, each state acceded in its character as a state, and is a party. The act of union thus entered into being to all intents and purposes a treaty between sovereign states, the general government by this treaty was not constituted the exclusive or final judge of the powers it was to exercise; for if it were so to judge then its judgment and not the constitution would be the measure of its authority.
"Should the general government in any of its departments violate the provisions of the constitution, it rests with the states, and with the people, to apply suitable remedies."
Resolutions of Pennsylvania against the Bank
January 11, 1811
***
"The committee are aware of the doctrine, that the Federal Courts are exclusively vested with jurisdiction to declare, in the last resort, the true interpretation of the Constitution of the United States. To this doctrine, in the latitude contended for, they never can give their assent...
"So early as the year 1798 the States and the people were called to declare their opinions upon the question involving the relative rights and powers of the government of the United States. [Here follow extracts from the Kentucky and Virginia Resolutions of 1798.]
"...The resolutions of Kentucky and Virginia, and of Massachusetts, Rhode Island, the Senate of New York, New Hampshire and Vermont, in reply, and the answers to these replies by the Legislature of Virginia, were a direct and constitutional appeal to the States and the people upon the great question at issue. The appeal was decided by the presidential and other elections of 1800. The States and the people recognized and affirmed the doctrines of Kentucky and Virginia, by effecting a total change in the administration of the federal government... Thus has the question, whether the Federal Courts are the sole expositors of the Constitution of the United States in the last resort, or whether the States, 'as in all other cases of compact among parties having no common judge,' have an equal right to interpret that Constitution for themselves, where their sovereign rights are involved, been decided against the pretension of the federal judges, by the people themselves, the true source of all legitimate powers."
Extracts from the Report and Resolutions of Ohio Relative to the Bank and the Powers of the Federal Judiciary
January 3, 1821
***
"Resolved, That the Commonwealth of Massachusetts, faithful to the compact between the people of the United States, according to the plain meaning and intent in which it was understood and acceded to by them, is sincerely anxious for its preservation, but that it is determined, as it doubts not the other states are, to submit to undelegated powers in no body of men on earth [Quoted from the Kentucky Resolutions of 1798]; That the project of the annexation of Texas, unless arrested on the threshhold, may tend to drive these states into a dissolution of the union, and will furnish new calumnies against republican governments of exposing the gross contradiction of a people professing to be free, and yet seeking to extend and perpetuate the subjection of their slaves."
Massachusetts on the Annexation of Texas
March 15, 1844
***
"Resolved, That the government, formed by the Constitution of the United States was not the exclusive or final judge of the extent of the powers delegated to itself; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress."
Legislature of the State of Wisconsin
March 19, 1859
***
You were saying?
;>)
The supremacy clause.
Walt
The federal government is supreme over the states.
The --People-- have maintained the Union.
The big four court cases-- Cohens, McCullough, Martin and Chisholm from early in the nation's life make this plain. In all of those cases, the nature of the government is emphasized:
"Here we see the people acting as the sovereigns of the whole country; and in the language of sovereignty, establishing a Constitution by which it was their will, that the state governments should be bound, and to which the State Constitutions should be made to conform. Every State Constitution is a compact made by and between the citizens of a state to govern themeselves in a certain manner; and the Constitution of the United States is likewise a compact made by the people of the United States to govern themselves as to general objects, in a certain manner.
By this great compact however, many prerogatives were transferred to the national Government, such as those of making war and peace, contracting alliances, coining money, etc."
--Chief Justice John Jay, Chisholm v. Georgia 1793
"In the case now to be determined, the defendant, a sovereign state, denies the obligation of a law enacted by the legislature of the Union...In discussing this question, the counsel for the state of Maryland deemed it of some importance, in the construction of the Constitution, to consider that instrument as not emanating from the people, but as the act of sovereign and independent states. It would be difficult to maintain this position....
--John Marshall, majority opinon McCullough v. Maryland 1819
"That the United States form, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In many other respects, the American people are one; and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government and in that character, they have no other. America has chosen to be, in many respects, and in many purposes, a nation; and for all these purposes, her government is complete; to all these objects it is competent. The people have declared that in the exercise of all powers given for these objects, it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory.
<> The constitution and laws of a state, so far as they are repugnant to the constitution and laws of of the United States are absolutely void. These states are constituent parts of the United States; they are members of one great empire--for some purposes sovereign, for some purposes subordinate."
--Chief Justice John Marshall, writing the majority opinion, Cohens v. Virginia 1821
"The constitution of the United States was ordained and established, not by the states in their sovereign capacities, but emphatically, as the preamble of the constitution declares, by "the people of the United States." -Justice Story, Martin v, Hunter's Lessee, 1816
The sovereignty of the United States rests on the people, not the States.
Walt
Perhaps the following from Chief Justice Salmon Chase in Texas vs White will be of help.
"The representatives of the State (of Texas - ed.) in the Congress of the United States were withdrawn, and as soon of the seceded States became organized under a constitution, Texas sent Senators and Representatives to the Confederate Congress.
In all respects, so far as the object could be accomplished by ordinances of the Convention, by Acts of the Legislature, and by votes of the citizens, the relations of Texas to the Union were broken up, and new relations to a new government were established for them. The position thus assumed could only be maintained by arms, and Texas accordingly took part, with the other Confederate States, In the war of the rebellion, which these events made inevitable. During the whole of that war there was no governor, or judge, or any other state officer in Texas, who recognized the national authority. Nor was any officer of the United Stated permitted to exercise any authority whatever under the National Government within the limits of the State, except under the Immediate protection of the national military forces. Did Texas, in consequence of these Acts, Cease to be a State? Or, if not, did the State cease to be a member of the Union?
"It is needless to discuss, at length, the question whether the right of a State to withdraw from the Union for any cause, regarded by herself as sufficient, is consistent with the Constitution of the United States. The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form, and character, and sanction from the Articles of Confederation. By these the Union was solemnly declared to "be perpetual" And when these articles were found to be inadequate to the exigencies of the country, the Constitution was ordained "to form a more perfect Union." It is, difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?
"But the perpetuity and indissolubility of the Union by no means implies the loss of distinct and individual existence, or of the right of self government by the States. Under the Articles of Confederation each State retained its sovereignty, freedom and independence, and every power, jurisdiction and right not expressly delegated to the United States. Under the Constitution, though the powers of the States were much restricted, still, all powers not delegated to the United States, nor prohibited to the States, are reserved to the States respectively to the people. And we have already had occasion to remark at this term, that "the people of each State compose a State, having its own government, and endowed with all the functions essential to separate and independent existence," and that "without the States in union, there could be no such political body as the United States." Lane Co. v. Oregon [infra, 101]. Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National Government.
The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States, When, therefore, Texas became one of the United States, she entered into a indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The Act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete as perpetual, and as indissoluble as the Union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States."
FReepmail me when you get a chance.
The neo-rebs seem to forget that the whole idea of the so-called CSA was fatally flawed from the beginning. The founders tried similar arrrangements under the Articles of Confederation and found they didn't work. The Articles were disgarded and a stronger government where the central government was ultimately supreme was substituted. No one thought anything else in 1790. The concept of "State's rights" was sophistry. But it sent a lot of ignorant men to their deaths.
Walt
So, basically what he's saying is that he is somewhat ambivilous,and simply wants to keep the union together.
Lincoln wrote two famous letters on this subject.
To James Conkling:
"But to be plain, you are dissatisfied with me about the negro. Quite likely there is a difference of opinion between you and myself upon that subject. I certainly wish that all men could be free, while I suppose that you do not. Yet I have neither adopted nor proposed any measure, which is not consistant even with your view, provided you are for the Union. I suggested compensated emancipation; to which you replied you wished not to be taxed to buy negroes. But I had not asked you to be taxed to buy negroes, except in such way, as to save you from greater expense, to save the Union exclusively by other means. You disllike the emancipatio proclamation; and perhaps, would have it retracted. You say it is unconstitutional--I think differently. I think the Constitution invests the commander in chief with the law of war, in time of war. The most that can be said, if so much, is, that slaves are property. Is there--has there ever been--any question that by the law of war, property, both of enemies and friends, may be taken when needed? And is it not needed whenever taking it helps us, or hurts the enemy?
....but the proclamation, as law, either is valid, or it is not valid. If it is not valid, it needs no retraction. If it is valid, it can not be retracted, any more than the dead can be brought to life....The war has certainly progressed as favorably for us, since the issue of the proclamation as before. I know as fully as one can know the opinions of others that some of the commanders of our armies in the field who have given us some of most important successes, believe the emancipation policy and the use of colored troops, constitute the heaviest blow yet dealt the rebellion, and that at least one of those important successes could not have been achieved when it was but for the aid of black soldiers....
I submit these opinions as being entitled to some weight against the objections, often urged, that emancipation, and arming the blacks, are unwise as military measures, and were not adopted, as such, in good faith. You say you will not fight to free negroes. Some of them seem willing to fight for you; but no matter. Fight you then, exclusively to save the Union...
negroes, like other people act upon motives. Why should they do anything for us if we will do nothing for them? If they stake their lives for us, they must be prompted by the strongest motive--even the promise of freedom. And the promise, being made, must be kept....peace does not appear as distant as it did. I hope it will come soon, and come to stay; and so come as to worth the keeping in all future time. It will have then been proved that, among free men, there can be no successful appeal from the ballot to the bullet; and that they who take such appeal are sure to lose their case, and pay the cost. And then, there will be some black men, who can remember that, with silent tongue, and clenched teeth, and steady eye, and well-poised bayonet they have helped mankind on to this great consumation; while, I fear, there will be some white ones, unable to forget that, with malignant heart, and deceitful speech, have strove to hinder it. Still let us not be over-sanguine of a speedy final triumph. Let us be quite sober. Let us dilligently apply the means, never doubting that a just God, in his own good time, will give us the rightful result."
8/24/63
And to A. G. Hodges:
"You ask me to put in writing the substance of what I verbally said the other day, in your presence, to Governor Bramlette and Senator Dixon. It was about as follows:
"I am naturally anti-slavery. If slavery is not wrong, nothing is wrong. I can not remember when I did not so think, and feel. And yet I have never understood that the presidency conferred upon me an unrestricted right to act upon this judgment and feeling. It was in the oath I took, that I would, to the utmost of my ability, preserve, protect and defend the Constitution of the United States. I could not take the office without taking the oath. Nor was it my view that I might take an oath to get power, and break the oath in using the power. I understood too, that in ordinary civil administration this oath even forbade me to practically indulge my primary abstract judgment on the moral question of slavery. I have publically declared this many times, and in many ways. And I aver that, to this day, I have done no official act in mere deference to my abstract judgment and feeling on slavery. I did understand however that my oath to preserve the constitution to the best of my ability, imposed upon me the duty of preserving by every indispensible means, that government--that nation--of which that constitution was the organic law. Was it possible to lose the nation, and preserve the constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensible to to the preservation of the of the Constitution, through the preservation of the nation. Right or wrong, I assumed this ground, and now avow it...
When in March, and May and July 1862 I made earnest, and succcessive appeals to the border states to favor compensated emancipation, I believed the indispensable neccessity for military emancipation and arming the blacks would come, unless averted by that measure. They declined the proposition; and I was, in my best judgment, driven to the alternative of either surrendering the Union, and with it the Constitution, or of laying strong hand upon the colored element. I chose the latter. In choosing it, I hoped for greater gain than loss; but of this, I was not entirely confident. More than a year of trial now shows no loss by it in our foreign relations, none in our home popular sentiment, none in our white military force, no loss any how or any where. On the contrary, it shows a gain of quite one hundred and thirty thousand soldiers, seamen and laborers. These are palpable facts, about which there can be no cavilling. We have the men; and we could not have them without the measure.
And now let any Union man who complains of the measure, test himself by writing down in one line that he is for subduing the rebellion by force of arms; and in the next, that he is for taking these hundred and thirty thousand men from the Union side, and placing them where they would be but for the measure he condemns. If he can not face his case so stated, it is only because he can not face the truth.
I add a word which was not in the verbal conversation. In telling this tale I attempt no compliment to my own sagacity. I claim not to have controlled events, but confess plainly that events have controlled me. Now, at the end of three years struggle the Nation's condition is not what either party, or any man devised, or expected. God alone can claim it. Whither it is tending seems plain. If God now wills the removal of a great wrong, and wills also that we of the North as well as you of the South, shall pay for our complicity in that wrong, impartial history will find therein new cause to attest and revere the justice and goodness of God."
4/4/64
Quoted from "Lincoln; Speeches and Writings, 1859-65, Library of the Americas, Donald Fehernbacher, ed
Walt
Holy crap, stainless, you've done it. You've found the smoking gun. I guess I have no choice but to admit that Abraham Linclon supported colonization.
Pardon the sarcasm, stainless, but what you posted no secret. Lincoln supported colonization, as did Robert Lee, John Breckenridge, and a whole host of people, North and South. Lincoln is on record dozens of times supporting colonization. There is nothing wrong or nefarious about that. But as I mentioned on more than one occasion, the original claim was that President Lincoln wanted all blacks removed, I assume forcibly if necessary. That was never Lincoln's position.
And while we're at it I will also freely agree that Jefferson Davis and the overwhelming majority of southern leaders did not support colonization for the most part. They preferred blacks right were they were, as property. It should be noted, however, that in the 1850's Mississippi did seriously debate a law that would forcibly deport all free blacks to Africa, and bill the county that they were caught in for passage. Fortunately the plan wasn't passed.
I realize that. The views and beliefs of Jefferson Davis seem to be the one untouchable topic around here.
But in any case, to the best of my knowledge Jefferson Davis only spoke of deportation on one occasion. According to Willaim C. Davis, in the only known instance where he speculated on life after slavery Davis suggested that the free slaves should be deported to Central or South America. So where was his postion any different than what you claim Lincoln's position was?
I have never suggested that racism was solely a southern trait and I would challenge you to show where I did. Instead, it seem that it's you sothron types who would have us believe that it was all gloom and doom for blacks up North while if was all sunlight and flowers for blacks down south. Nothing, absolutely nothing, could be farther from the truth. As bad as things were for free blacks up North, and they were pretty bad by any measure of the word, they were as bad or worse down south.
Knock yourself out.
Yea, right, Lefty.
Constitutional revisionism began with the Taney court. See Madison and his comments on the use of the world 'servitude' and the reasons 'slave' was not used in the constitution. The Fugitive Slave Act was a constitutional fraud.
Your statement is pure liberal revisionism. Anyone with even a limited knowledge of history knows that the Constitution would have never been adopted if there had been no provision to protect slavery.
I would also point out that when J Q Adams got up in Congress to mention the right of Massachusetts to secede from the Union, it was the southern Congress that censored him for it. Some actually wanted to boot him. What weak kneed and unconscionable hypocrites you draw your political inheritance from.
Speaking of hypocrisy, all 13 of the states who fought for liberty -- for independence from England -- had slavery. Yet historians refuse to admit that the southern states fought for liberty because, well, they had slavery. In fact, modern liberal thinking is that the State-rights, including secession, was originated by Calhoun. Such hypocrits. To expound on your brief statement, four times northern states threatened secession: 1802; 1811; 1814; and 1844. The first was from Timothy Pickering of Mass, the second from Josiah Quincy from Mass, the third from the Hartford Convention, and the fourth from the Mass Legislature. John Quincy Adams stated, in 1939, "the people of each State have a right to secede from the Confederated Union."
Go read Woodrow Wilson some more. He's got a lot of pointers for you.
Wilson was a tyrant in the mold of Lincoln. He could certainly give you some pointers.
That was exactly the point. Many of the "Lincoln-worship" crowd deny his support of colonization. Read the excuses offered up by your counterparts. An objective review of his policies and speeches leads to an inevitable conclusion, of you which you recognize.
I am less well researched about Davis' position on the subject. Perhaps the bottom-line is both men held similar views.
Why have a written Constitution if anything can be inferred? Look at the court decisions of the past 50 years - justices have inferred everything under the sun to push their political views, because the people of the several states would never amend the Constitution to those ends.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.