American Eloquence, Volume 3 eBook

This eBook from the Gutenberg Project consists of approximately 230 pages of information about American Eloquence, Volume 3.

American Eloquence, Volume 3 eBook

This eBook from the Gutenberg Project consists of approximately 230 pages of information about American Eloquence, Volume 3.

The change from the Articles of Confederation to the Constitution, though it could not help antagonizing State sovereignty, was carefully managed so as to do so as little as possible.  As soon as the plans by which the Federal party, under Hamilton’s leadership, proposed to develop the national features of the Constitution became evident, the latent State feeling took fire.  Its first symptom was the adoption of the name Republican by the new opposition party which took form in 1792-3 under Jefferson’s leadership.  Up to this time the States had been the only means through which Americans had known any thing of republican government; they had had no share in the government of the mother country in colonial times, and no efficient national government to take part in under the Articles of Confederation.  The claim of an exclusive title to the name of Republican does not seem to have been fundamentally an implication of monarchical tendencies against the Federalists so much as an implication that they were hostile to the States, the familiar exponents of republican government.  When the Federalist majority in Congress forced through, in the war excitement against France in 1798, the Alien and Sedition laws, which practically empowered the President to suppress all party criticism of and opposition to the dominant party, the Legislatures of Kentucky and Virginia, in 1798-9, passed series of resolutions, prepared by Jefferson and Madison respectively, which for the first time asserted in plain terms the sovereignty of the States.  The two sets of resolutions agreed in the assertion that the Constitution was a “compact,” and that the States were the “parties” which had formed it.  In these two propositions lies the gist of State sovereignty, of which all its remotest consequences are only natural developments.  If it were true that the States, of their sovereign will, had formed such a compact; if it were not true that the adoption of the Constitution was a mere alteration of the form of a political state already in existence; it would follow, as the Kentucky resolutions asserted, that each State had the exclusive right to decide for itself when the compact had been broken, and the mode and measure of redress.  It followed, also, that, if the existence and force of the Constitution in a State were due solely to the sovereign will of the State, the sovereign will of the State was competent, on occasion, to oust the Constitution from the jurisdiction covered by the State.  In brief, the Union was wholly voluntary in its formation and in its continuance; and each State reserved the unquestionable right to secede, to abandon the Union, and assume an independent existence whenever due reason, in the exclusive judgment of the State, should arise.  These latter consequences, not stated in the Kentucky resolutions, and apparently not contemplated by the Virginia resolutions, were put into complete form by Professor Tucker, of the University of Virginia, in 1803, in the notes to his edition of “Blackstone’s Commentaries.”  Thereafter its statements of American constitutional law controlled the political training of the South.

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American Eloquence, Volume 3 from Project Gutenberg. Public domain.