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Author: Edmund Steele Joy
Publisher: Forgotten Books
ISBN: 9781528276849
Category : Political Science
Languages : en
Pages : 48
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Book Description
Excerpt from The Right of the Territories to Become States of the Union The conflict of opinion regarding the nature of the American Union was settled by the Civil war. Many held before that time, that the Nation was the result of a compact entered into by free and independent States, which, while recognizing the Constitution as a common bond of union, yet left to each State as a part of an inherent sovereignty, the right either to nullify a national obligation or to withdraw without the circle of national influence and power. This conception of the Union, which is known as the states-rights doctrine, was adopted by the Southern States, and their deliberate acts of secession were the immediate cause of the Civil war and all its attending disasters. But with the defeat of the South, the dogma of states rights perished. Henceforth the Constitution is to be viewed, not as a compact between sovereign States, but as the fundamental law of the whole land - as the expression of the will of the entire N ation - and arguments relating to it must be based upon that fundamental conception. Among the first fruits of the triumph of the North was the adoption of three amendments to the Constitution, which gave a number of important powers to the central govern ment, which were hitherto deemed to rest exclusively withinthe province of the States. A series of acts was passed by Congress, which was in direct violation of principles hither to maintained, and manifested a disposition to exalt the national idea by eliminating from State life theories of action from which the dogma of state-rights could again spring into being. I refer to those acts relating to the reconstruction of the rebellious States and their restoration to their former practical relations with the rest of the Union, and to some acts admitting new States. The practical course pursued in the restoration of the old States throws new light upon the process of State formation and admission, which is reflected in the debates in Congress, incident to the admission of new States. It had often been maintained that the territories of the United States had the right to be admitted into the Union as States. This claim now met with rigid criticism, and even bold denial. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Edmund Steele Joy
Publisher: Forgotten Books
ISBN: 9781528276849
Category : Political Science
Languages : en
Pages : 48
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Book Description
Excerpt from The Right of the Territories to Become States of the Union The conflict of opinion regarding the nature of the American Union was settled by the Civil war. Many held before that time, that the Nation was the result of a compact entered into by free and independent States, which, while recognizing the Constitution as a common bond of union, yet left to each State as a part of an inherent sovereignty, the right either to nullify a national obligation or to withdraw without the circle of national influence and power. This conception of the Union, which is known as the states-rights doctrine, was adopted by the Southern States, and their deliberate acts of secession were the immediate cause of the Civil war and all its attending disasters. But with the defeat of the South, the dogma of states rights perished. Henceforth the Constitution is to be viewed, not as a compact between sovereign States, but as the fundamental law of the whole land - as the expression of the will of the entire N ation - and arguments relating to it must be based upon that fundamental conception. Among the first fruits of the triumph of the North was the adoption of three amendments to the Constitution, which gave a number of important powers to the central govern ment, which were hitherto deemed to rest exclusively withinthe province of the States. A series of acts was passed by Congress, which was in direct violation of principles hither to maintained, and manifested a disposition to exalt the national idea by eliminating from State life theories of action from which the dogma of state-rights could again spring into being. I refer to those acts relating to the reconstruction of the rebellious States and their restoration to their former practical relations with the rest of the Union, and to some acts admitting new States. The practical course pursued in the restoration of the old States throws new light upon the process of State formation and admission, which is reflected in the debates in Congress, incident to the admission of new States. It had often been maintained that the territories of the United States had the right to be admitted into the Union as States. This claim now met with rigid criticism, and even bold denial. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Edmund Steele Joy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 126
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Book Description
Author: Henry A. Wise
Publisher: Forgotten Books
ISBN: 9780267996292
Category : Political Science
Languages : en
Pages : 170
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Book Description
Excerpt from Territorial Government, and the Admission of New States Into the Union: A Historical and Constitutional Treatise Resolved, that Vermont will continue to resist the admis sion Of new slave states into this Union, and the extension of slavery into the territories of the United States; and, now as ever, will seek the abolition of slavery at the national capital, and in all places under federal jurisdiction. Resolved, that all laws of congress which recognize the right Of property in man, or deprive any person of liberty without due process of law, and a jury trial, or provide that any person shall be delivered up, as owing service to another, without such trial, are unconstitutional, void, and Of no effect. Resolved, that property in slaves exists only by positive law of force in the states creating it. The moment it passes from under the operation of these laws, it is property no longer. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: George Ticknor Curtis
Publisher: Forgotten Books
ISBN: 9780267643479
Category : Political Science
Languages : en
Pages : 52
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Book Description
Excerpt from The Just Supremacy of Congress Over the Territories We shall begin what we have to say upon this subject with the free admission, that there are a good many elements Of popularity both in Mr. Douglas's character and in his present position. The public man who presents himself as an advocate for the right of self-government for any people, however they are situated, will always command popular sympathy in this country. But we are not now concerned with Mr. Douglas's chances or means of political success, but with the soundness and correctness of his constitutional Opinions. Whether he is or is not of that order Of men who would rather be right than be President, we do not presume to decide; but we are sure for ourselves, that, having no personal interest in the matter, we would rather be right than be able to prevent him or any other man from reaching the Presidency, if we had the power of all the nominating conventions or of all the voters in the land. It is the purpose of Mr. Douglas's article to maintain, that the people Of a Territory have the right to decide, independently of the will Of Congress, whether the institution Of slavery shall or shall not exist among them while they are in the Territorial condition. On a cursory reading of his paper, we were a little at a loss to determine whether he meant to be understood that this power belongs to the people of a Territory because the organic act bestows upon them general legisla tive power, or, as in the case of Kansas, declares that they shall be free to form their own institutions in their own way; or whether he holds that the people of a Territory are originally free to establish or prohibit slavery without any Congressional declaration or grant of such a power, or even against a Congressional prohibition. But, on a more careful perusal, we find that his argument goes the entire length Of maintaining, that, in reference to what he calls their local concerns and internal polity, the people of a Territory are absolutely sovereign in the same sense in which the people of a State are sovereign. In order to establish what he calls popular sovereignty in the Territories, Mr. Douglas undertakes to define the dividing line between federal and local authority; and he places it, in respect to the Territories, substan tially where it is in respect to the States. He sums up the whole dis cassion in the following principle, that every distinct politicalcommunity, loyal to the Constitution and the Union, is entitled to all the rights, privileges, and immunities of self-government in respect to their local concerns and internal polity, subject only to the Constitution of the United States. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: A. Philiadelphian
Publisher: Forgotten Books
ISBN: 9780365216100
Category : Political Science
Languages : en
Pages : 120
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Book Description
Excerpt from Free Remarks on the Spirit of the Federal Constitution, the Practice of the Federal Government, and the Obligations of the Union: Respecting the Exclusion of Slavery From the Territories and New States The Congress of 1787 would seem to have been partien larly alive to the obligations in this matter, imposed by the facts which I have indicated above. They recognized the principle of universal abolition, in their proceeding with respect to the North West Territory; of which proceed ing the history and import are especially worthy of atten tion. The whole territory north of the river Ohio, and west of the state of Pennsylvania, extending northwardly to the northern boundary of the United States, and westwardly to the Mississippi, was claimed by Virginia. The states of Massachusetts and Connecticut claimed all that part which was within the breadth of their respective charters, and the state of New York had also an indeterminate claim to the country. As early as the year 1780, Congress recommended to all the states whose charters included ungranted ter ritory, to cede it to the Union for national purposes; and the states without such territory, always contended that the lands gained by the common exertions, were or ought to be common propertyflr Some of the smaller withheld their ratification of the articles of confederation, in order to compel the cession for which they called as matter of right; and finally they carried their point. The act of cession of the state of New York is prefaced with the following recital. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Nathaniel Smith Richardson
Publisher: Forgotten Books
ISBN: 9781334949395
Category : Political Science
Languages : en
Pages : 42
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Book Description
Excerpt from The Union, the Constitution, and Slavery Annals of Congress. Second Session, Sixteenth Con gress. 1820 - 1. Curtis's History of the Constitution of the United States. Two Volumes. New York: Harper Brothers. 1854. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Edwin Chilton
Publisher: Forgotten Books
ISBN: 9780267268344
Category : History
Languages : en
Pages : 32
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Book Description
Excerpt from State Claims North-West Territory Thus convinced, we should betray the trust reposed in us by our constituents were we to authorize you to ratify on their behalf the Confederation, unless it be further explained. We have coolly and dispassionately considered the subject; we have weighed probable inconveniences and hardships against the sacrifice of just and essential rights; and do instruct you not to agree to the Confederation unless an article or articles be added thereto in conformity with our declaration. Should we succeed in obtaining such article or articles, then you are hereby fully empowered to accede to the Confederation. That these, our sentiments respecting our Confederation, may be more publicly known and more explicitly and concisely declared, we have drawn up the annexed declaration, which we instruct on to lay before Congress, to have printed, and to deliver to each of the Delegates of, the other States in Congress assembled copies thereof signed by yourselves or by such of you as may be present at the time of delivery, to the intent and purpose that the copies aforesaid may be communicated to our brethren of the United States and the contents of the said declaration taken into their serious and candid consideration. Also we desire and instruct you to move at the proper time that these instructions be read to Congress by their Secretary and entered on the Journals of Congress. We have spoken with freedom, as becomes freemen, and we sincerely wish that these, our representations, may make such an impression on that assembly as to induce them to make such addition to the Articles of Confederation as may bring about a permanent Union. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Durbin Ward
Publisher: Forgotten Books
ISBN: 9781528457569
Category : Political Science
Languages : en
Pages : 26
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Book Description
Excerpt from On the Government of the Territories: The Constitutional Power of the General Government and the People in the Federal Territories Another claim for this power of intervention has been set up through the medium of the Judicial Tribunals. It. Is said that the Supreme Court, in the Dred Scott case, having declared slaves to be property, (a proposition never denied by a lawyer, ) the Constitution protects property in the Territories. Grant it; but the Constitution does not create property, nor determine what property is. Nor does the Constitution extend more protection to property in the Territories than in the States. If, then, the right of property enables, by virtue of the Constitution, a mas ter to carry his slave into a Territory and be protected against the local law, it equally enables him to carry such slave into a State, and be protected there against the local Constitution or laws of the State; for the Federal Constitution is the Supreme law of the land, and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. If the Constitution then enables Congress to protect slaves when carried into a Territory because they are property, it equally enables that body, for the same reason, to protect them when carried into any State. The pro perty in the slave is the creature of some law or legal recogni tion of the State from which he came, and if this property is pro tected against the local law of prohibition in one place it must be in another: or else the Constitution has greater force in one part of the land over which it is the supreme law than in another. But the inference drawn from the Dred Scott case is not justified by the case itself, and it need be referred to no further. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: A. M. Gibson
Publisher: Forgotten Books
ISBN: 9780428258863
Category : Law
Languages : en
Pages : 34
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Book Description
Excerpt from The Rights of Citizenship: Brief in Re H. R. Bills, 6153, and the Petition of the Citizens of Bear Lake County, Idaho Territory The United States, under the present constitution, cannot acquire terri tory to be held as a colony, to be governed at its will and pleasure. But it may acquire territory which, at the time, has not a population that fits it to become a state, and may govern it as a territory until it has a population which, in the judgment of Congress, entitles it to be admitted as a state of the Union. During the time it remains a territory, Congress may legislate over it within the scope of its constitutional powers in relation to citizens of the United States and may establish a territorial government, and the form of this local government must be regulated by the discretion of Congress, but with powers not exceeding those which Congress itself, by the constitution, is authorized to exercise over citizens of the United States in respect to their rights of person, or rights of property. The territory thus acquired is ac quired by the people of the United States for their common and equal benefit, through their agent and trustee, the federal government. Congress can exercise no power over the rights of persons or property of a citizen in the territory which is prohibited by the constitution. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Whiting
Publisher: Forgotten Books
ISBN: 9780484808767
Category : Political Science
Languages : en
Pages : 20
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Book Description
Excerpt from The Return of Rebellious States to the Union The true patriot will watch with profound interest the fortunes of this intellectual and moral conflict, because the issue involves the country's safety, prosperity, and honor. If victory shall crown the efforts of those brave men who believe and trust in God, then shall all this bloody sacrifice be consecrated, and years of suffering shall exalt us among the nations; if we fail, no triumph of brute force can compensate the world for our um fathomable degradation. Let us, then, endeavor to appreciate the difficulties of our present position. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
