Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1865-01-31

votes OF set Of irresponsible representatives, with
out at least exertg ourselves to the utmost oil our
constitutional means to obtain redress? live are,
then we are already subiug4tcd, and fit to become
the subjects of deSpotiSm. For this purpose ther,
l desire that the Convention should be called and
for this reason hope The resolutions will be adopt
ed for this government IS to endure Tor any length
Of time, then it is of the very highest Importance
that the amendment specified in the first resolution
should be made
But; high and important as the power of amending
the Confederate Constitution IS desire TO show that
such Convention would be vested with much higher
power still. ] propose to show that such ConVen-
tion, in connection with the State Conventions womb
possess unlimited sovereign powers, and wout"
fore he vested with the right to negotiate peace win
tlIs United States governmenl-such II peace rs the
States the people of the States might he Wiling 10
accept, lie that What it may.
But TO show this it is necessary to 60 to some ex-
tent into discussion of Che theory OF the government
VIII the theory of the Constitution of the UNI
ted States j., has been subject of animated discus
sion from the period OF its adoption in the year !oS,
down to the present time, and 10 determine Whieh'
more than thing else, this terrible war Is now DC
ing wagcd Three separate and distinct theories nave
been contended for by three great parties, each num-
berng anon its members m any eminent statesmen:
Shall designate each Of these theories by the name oil
the great tatesmen who were regarded seVeraly as
the founders of their political school.
First, then, there the Haniltonlan theory
which much the highest toned of any. Accord
ing 10 this theory it Constitution of national gov
crnncnt founded upon the sovereignty OF the People
Ii is the opinion tho OF this seiloet thA
" all power is vested in and derived from the People
only"-that the people the creators OF both th-
Federal and State IUvernmentS-that they delegated
all powers pertaining the rights of national so'er
eighty to the general government, to be exercised by
that government for the OF the United States
THEIR agent and that that extent and for those
purposes it consolidtes all the States into while
deserved to the States ali the powers pertaining to the
rights OF local and municipal sovereignty and that to
that extent and for those purposes only are they States
According to this theory the government OF the Uui-
ted States is Federal Republic established by the
people, which is defined by NOnteSquieu, to be- "a
Convention by which several States agree to become
members of Il LARGER ONE an aSSembage
OF societies that constitute NEW ONE capable o. III
creaSing by means further associations" (MONTES
| QuIEu b 8, c. y This theory may be studied in the
writings of Hamilton, Jay, Ellsworth Marshall Kent,
Story Coteswortb Pickney, Webster, and many other
| eminent Statesmen.
| Dramatically opposed to this is The Jeffersonian
theory. According to tins theory each State is
complete sovereignty within itself-the COnStitu
ton is mere league or treaty Of alliance between
the States, which are thus eoHtederdtei together
for certain specified limited purposes. The federal
government is the mere agency of the States for the
management and control Of their foreign slfIirs, TO
which each Safe gave is assent separately, TcSerV
| ing its independence, aud that thereto c, leach
state mas tue TlRnl JuuSe LOT tttg vi
ton Of the Constitution, and of the time" mode
manner and measure OF redress and that cOrsC-
quently, State has the right 10 nulllfy Jaw oil
Congress when in its opiTion Such law is uRconSi-
tuioual, Notwithstanding the other States may diff
fer with it that point. 1t is from this theory that
| the Sight of secession is deduc-d. This theory may
be studied in the famous Kentucky resolution OF
l799 and in the writings Of Mr.. Jefferson and Mr..
! Calhoun.
Between these Two extremes there was middle
ground in what is known rs the " hadisoRian theO-
ry" According thus theory it is Constitution of
governma based upon The sovereignty OF the States
| forming a federal Republic by the action of tbs
States, instead of the action of the people of the
ST les Jointly The statesmen of this school regard
| the government rs the agent and creature of the
! States which Ike !Sniss"- l''t a SI-r"-h~~- tho
right direct aud control, provided they, or three
tour,hs of hem agree rs to the manner and the
purposes for which it is be controlled. This IheO.
, nv NAV lie studied in the famous NirgiGa resnlu
TONS of = IS and =, End Mr.. Madison ceebr tied
port thereon also in the writings OF Monroe, Mr..
WirI, Mr. Yam Barren, SiaS Wright, Gen. .rkson,
and many other statesmen of that school.
1t is not my nieniioi to discuss at tn time the
dnes ivn which Of these theories is ap.
pli to the Constitution of tn, United States ~
Such a discussion would be ore'gu To M purpose
l.on this occasion and besides, imagine that INV
! opinions are already well known on that question
The Jefersonian theory is the one which m eyail-
ed at the South, and in my humble opinion was a
! fruitful source Of all Our woes. 10 establish the
correctness of this theory far than fur anything
else, in my opinion, the Southern States Withdrew
! from the federal Union, and laid the foundation OIL
| the Cont derate Constitution upon the right OF Sc
cessioR US Il corner stone. This imagine no mem
Der Of this House i'll have the hardwood TO deny
migh t therefore, assume with the utmost truth and
prnprrly that the Jefferson theory was the true
theory Of the Confederate Constitution, and found
upon that assumption improbable argument tc
prove that the States in general Con- en- ion Assem-
BLEED would possess the power of negotiating peace
such a p ace as would he satisfactory to them OF
their peopIe-wiih the government of the United
States subject TO The subsequent approval Of The
States or their people But 1t is not necessary tina
should cont, nd for the IeerSoaian theory in orde
Ia sustain my position. On this occasion | can af
ford TO be liberal to those who differ wi me l.
opinion. and vet retain sufficient ground upon which
to erect my own argument.
shall, therefore, assume, Mr.; Speaker, that the
Madsonian theory Is the upon which the Con
federate government is founded-that it is gov
eminent based upon the sovereignty o. the S ates
and therefore subject to their control and lake i
for granted that man III the COnlederacy will 20
one moment contend that it derives It's origin from
any higher than the gnty OF th States
Surely no statesman of the South will ever con:enC
uader the Confederate Constitution for the high
toned theories of The old federal school.
take it fur granted that it will not be denied b.
any nr9u outside OF the lumatic asylum, that tn
creature is always subject to the control of its
tor. This is \ self evident proposition. To den
this, would be 10 deny the great Jehovah the RICH
to control and govern the world which lie has call
cd into existence.
1t is admitted then, taat he Confederate govern
nent is based upon the sovereign of the States
In general Convention assembled they created it
and af erwards each State separately ratified anC
confirmed the ac;. 1t is their commOu agent. TheJ
its creators. Thtt powers over it sOcsrcigi
la general Convention assembled they may at any
time require it to enter into negotiations for peact
upon such terms as they may think proper, and i
it will not obey their commands, or it the Uniter
States government will not negotiate with it, ther
they have right to take their AFT IRIS into their OWL
hands, and to open negotiations themselves will
the government of tie United States. Such course
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