Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1865-02-01

ling longer to submit to be thus oppressed by the
votes of set of irresponsible representatives. with
out at least exerng ourselves to the utmost of our
constitutional means to obtain redress? If we are,
then we are already subiugated and fit to become
the subjects of despotsm For this purpose, then,
desire that the Convention should be called, and
for this reason hope the resolutions will be adopt
ed for If this government to endure for 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 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, would
possess unlimited sovereign powers and would there
fore be vested with the right to negotiate peace with
the United States government-such peace as the
States the people of the States might be willing to
accept, be that what it may.
But to show this it is necessary to 60 to some e1-
tent into discussion of the theory of the government
What the true theory of the Constitution of the Uni
ted States is has been subject of animated discus
sion from the period of its adoption in the year 7S9,
down to the present time, and to determine which,
more than anything else this terrible is now be-
ing waged Three separate and distinct theories have
been commended for by three great parties, each num-
bering among its members m any eminent statesmen.
SHALL designate each of these theories by the name OF
the great statesmen who regarded severally rs
First, then, there was the Hamiltonian theory,
which was much the highest toned of any. Accord
ing to this theory it IS Constitution OF national gov
ernnent founded upon the sovereignty of the PEOPLE
1t is the opinion OF the statesmen of this school that
all power is vested in and derived from the people
only"-that the people the creators Of both the
Federal and State governments-that they delegated
all powers pertniang to the rights of national soyer'
eighty to the general government to be exercised by
that government for the PEOPLE OF the United States
as rEIR agent and that to that extent and for those
purposes it consodutes all theStaes into while
reserved 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 States
According to this theory the government OF the Uni
ted States is Federal Republic established by the
people, which is defined by Montesqueu, to be, "a
Convention by which several States agree to become
members of LARGER ONE X an assenblage
Of societies that constitute ONE capable o; in
creasng by of further associations" MoNTEs-
QUIEu, b SC, ~ This theory may be studied in tue
writings of Hamilton, JAY Ellsworth Marshall! Kent,
Story, Cotesworth Pckuey, Webster, and many other
eminent statesmen.
Dramatically opposed to this is the Jeffersonian
theory. According to this theory each State is q
complete sovereignty within itself--the Constitu-
ton is mere league treaty Of alliance between
! the States which are thus contsderated together
| for certain specified limited purposes. The federal
government is the mere agency of the States for the
management anu cOOtFOl VI tDelr aHalrS, 10
which each State gave its assent separately, reserv
! ing its independence, and that therefore, leach
State has the right to judge for itself of any infrac
j ton of the Constitution, and of the time, mode
e; manner and measure OF redress and that conse-
quently, State has the right to nullify law OF
T.. Congress when in its opinion such law is unconsti-
! tutional, Notwithstanding the other Stat may diff
fer with it on that point. 1t from this theory that
the right Of secession is deduced This theory may
| be studied in the famous Kentucky resolutions of
i 1899, and in the writings of Mr. Jefferson and Mr..
| Calhoun.
| Between these two extremes there was middle
/ ground in what is known the " Madisonian theo-
ry." According to this theory it is Constitution of
government based upon the sovereignty OF the States
! forming federal Republic by the action of the
States, instead OF the action OF the people of the
States jointly The statesmen of this school regard
| the government as the agent and creature OF the
States, which the s. States not State-have the
right to direct and control, provided they, three
feurths Of them can agree as to the manner and the
purposes for which it is to be controlled. This theo.
ry may he studied in the famous Virginia resolu-
tons of II 90 and g. and Mr.. Madsons celebrated re-
port thereon also in the writings of Monroe, Mr..
Writ, Mr.. Van Buren,, Silas Wright, Gen. Jackson,
| and many other statesmen of that school.
1t is not my intention to discuss at this time the
question, which of these theories is correct as ap.
piled to the Constitution of the United States ?'-
Such discussion would be foreign to my purpose
| on this occasion; and besides, l imagine that nv
opinions already well known on that question
The Jeffsrsonian theory is the one which prevail
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 for anything
else, in my opinion, the Southern States Withdrew
from the federal Union, and laid the foundation Of
the Confederate Constitution upon the right of Sc
cession as a corner stone. This imagine no mem
! horo f t,i hau
might, therefore, assume with the utmost truth and
propriety that the Je6ersonan theory was the true
theory of the Confederate Constitution, aud founc
upon that assumption an impregnabe argument tt
prove that the States in general Con, en,ion Assem-
bed would possess the power of negotiating peace
such peace would he satisfactory to them o.
/ their peope-with the government of the United
States, subject to the subsequent approval of tn,
States Or their people, But 1t is not necessary tina
should contend for the Jefersonian theory in orde
to sustain my position. On this occasion can al
ford to be liberal to those who differ with me il
opinion, and yet retain sufficient ground upon whic
to erect my own argument.
shall, therefore, assume, Mr. Speaker, that tn
Madisonian theory is the upon which the Con
federate government is founded-that it is gov
eminent based upon the sovereignty OF the States
and therefore subject to their control; and take
for granted that no man in the Confederacy will 70
one moment contend that it derives it's origin frou
any hlgher source than the sovereignty of the States
Surely no statesman of the South will ever conten
under the Confederate Constitution for the higf
toned theories of The old federal school,
[ take it fur granted that it will not be denied b
any man outside of the lunatic asylum, that til
creature is always subject to the control Of its crea
tor. This is selfevil lent proposition. To den
this, would be 10 deny the great Jehovah the RICH
to control and govern the world which He has cal
ed into existence.
1t is admitted, then, that the Confederate govern
ment is based upon the sovereignty of the States
In general Convention assembled they created it
and at erwards each State separately ratified an
confirmed the ac;. 1t is their common agent. The
are its creators Their powers it are souereig,
In general Convention assembled they may at an
time require it to enter into negotiations for peac
upon such terms as they may think proper, and
it will not obey their commands, or if the Unite
States government will not negotiate with it, the
they have right to take their afairs into their ow
hands, and to open negotiations themselves wit