INDEX.

A

Adams, Charles Francis, Minister to England, 3

Adams, Henry, opinion concerning Virginia’s estimation of validity of United States laws, 100;

controverted, 113-115

Adams, John, influence of Alien and Sedition laws on re-election, 112

Alien and Sedition laws of 1798, 88;

Jefferson’s opposition to, 88;

influence in defeating federal party, 112

Amendments to Constitution, how made, 40;

first ten articles, 78, 79

B

British opinion of right of secession, 2-3

Bryce, James, on right of Southern States, 3;

theory of his book, 3, note

C

Calhoun, John C., United States a confederacy, not a nation, 24;

his youthful prominence in Congress, 34;

his early opinions of the Constitution, 134, 135;

change of opinion, 137, 138;

personal appearance, 138, 139;

his reasoning on right of nullification, 140;

his argument considered, 140, 141

Chase, Salmon P., decision on secession, 34, 35

Clay, Henry, tariff compromise, 23

Clinton, George, his opinion as stated by Mr. Lodge, 5;

his written declaration that the United States Government is perpetual, 77, 78

Compact, may be for national, indissoluble government, 28, 29;

a voluntary union of independent nations must be by compact, 28;

Southern views of, 30

Confederacy of the Southern States, constitution and compact as to slavery, 158

Confederacy of the United States, its failure, 31, 32;

dependent upon the States, 48

Constitution of United States, adoption by Continental Congress, States, and people, 32;

perpetuity declared in preamble, 33, 34;

supremacy, 35, 36, 49;

oath of every State officer and judge to support, 36;

supremacy in all sovereign powers, 37, 38;

prohibitions to States, 38, 39, 47;

power to coerce States in articles punishing treason, 41, 42, 43;

can take all powers from States by amendments, 45, 46;

made States suable, 44;

powers given by Constitution to States, 46;

naturalization, 47;

takes from States powers of resistance, 47, 48;

its excellence proved by few amendments, 159, 160;

its adoption opposed on account of its nationality and of excessive powers given, 69-73;

no claim of right of secession or nullification suggested in the conventions adopting the Constitution, 73

Convention that made the Constitution, its members and mode of voting, 51-53;

proposition of the delegation of Virginia for a National Government debated and passed, 51-53;

New Jersey plan amending confederacy, 54, 56;

resolves for a National Government again taken up and passed, 56-62;

representation in Senate, 58-60;

a compromise of representation not a compromise of powers granted, 60, 61;

resolutions calling the proposed government national referred to Committee to Report a Constitution, 61, 62;

report of committee and articles again considered separately, 62-64;

change in preamble by Committee of Style and Arrangement, 64;

opinions of members, 65, 66;

its nationality and great powers, 70-72

Cooper, Thomas, pronounced in 1833, in South Carolina, author of nullification, 141, 142

D

Davis, Jefferson, indicted for treason and not tried, 157;

asserted advantage of Southern soldiers, 157

E

Embargo, 129, 130

F

Federal, the party, meaning of the term, 37

Franklin, Benjamin, services as member of the convention, 68

G

Georgia, suit of Chisholm against, 82-84;

claim of sovereignty, 83;

decision of Supreme Court, 83, 84;

controversy as to Cherokee Indians, 151;

vigorous resolutions in 1833 against South Carolina’s nullification doctrines, 147

Gerry, Elbridge, objection to conferring power of amending Constitution as fatal to the States, 45, 46;

refused to sign the Constitution, 68

H

Hamilton, Alexander, proposed plan for a strong government not favored in the convention, 54, 55;

his speech as to democracy, 55;

promised support of Constitution, 68;

correspondence with Madison, 72;

successful support of the adoption of the Constitution by New York, 72;

states in the Federalist the supremacy of the judicial power of the United States, 129

Hartford convention, called by Massachusetts, discontent of the State, 131;

resolutions passed did not assert State sovereignty, but proposed amendments to Constitution, 131, 132

Hayne, Robert Y., denunciation of the Eastern States, 8;

his doctrine, 9;

approval of, by citizens of Charleston, 138

Henry, Patrick, Lodge’s assertion as to his opinion, 5;

strenuous objection to adoption of the Constitution as national, 70, 71;

opposition to the Virginia resolutions, 113;

his declaration that Virginia was to the United States as a county to Virginia, 113, 114

I

Iredell, James, dissenting opinion in Chisholm against Georgia was not by reason of sovereignty of Georgia, 83

Ireland, bill of 1886 for home rule, 40

J

Jackson, Andrew, his proclamation against nullification, 21, 22;

his popularity and arbitrary exercise of power, 23;

his character and early life, 143;

experience in politics and law, 144;

proclamation of his own work, 142, 143, 145;

threat to hang Calhoun, 22;

collected duties after South Carolina declared they should not be levied, 145, note, 146

Jay, John, wrote, “the convention and people agreed a National Government was necessary,” 71, 72;

his opinion in Chisholm vs. Georgia as to sovereignty of United States, 80, 81

Jefferson, Thomas, reputed author of Kentucky resolutions, 88;

approval of coercing States, 93;

became president immediately after passage of Kentucky resolutions, 116;

his inaugural address national, 116-118;

approved of bills in favor of a national road, 118;

approval of the use of the army and navy against Pennsylvania in the Gideon Olmstead case, 118-121;

approval of annexation of Louisiana, 123;

opinion as to nullification and secession, 125;

opposition to Alien and Sedition laws, 126, 127;

national views, the embargo, 129, 130;

prescribed Federalist as text-book in University of Virginia, 128, 129

Judiciary of the United States, made supreme by the Constitution, 37;

power to decide on laws of Congress, 49, 50;

supremacy of the Government uniformly sustained by it, 148-151

K

Kentucky resolutions, 90;

not much noticed as coming from a new State, 89;

merely the opinion of the legislature that passed them, 89;

their doctrine considered, 90-93;

they deny that the United States Government could punish any crime except when the power is specifically given, 93, 94;

they protest against laws of Congress, do not treat them as invalid, 94, 95;

not sanctioned by other State legislatures, their purport escaped notice, 101;

State let them drop, 101, 102;

no assertion of their doctrine until 1830, 133

L

Lansing, John, with Yates a delegate from New York, left the convention July 3d when a National Government was agreed on, 66;

his motion for conditional acceptance of the Constitution rejected by New York convention, 72, 73

Lee, Robert E., opinion that secession was revolution, that the United States Government was national and perpetual, 4, 156

Lieber, Francis, on Webster’s oratory, 13

Lincoln, Abraham, acts in Merriam’s case, declaration of freedom to slaves, 46, 159

Livingston, Edward, Jackson’s proclamation, 142, 143

Lodge, Henry Cabot, on secession and Webster’s argument, 5, 6;

on Josiah Quincy and Hartford convention, 132

M

Madison, James, protective duties, 26;

as to compact, 29;

suggestions as to convention to form government, 51;

letter to Hamilton on adoption of Constitution, 72;

wrongly accused of support of nullification, 96;

author of Virginia resolutions of 1798 and explanation of 1799, 102;

a strict constructionist, 82;

signed re-charter of the United States Bank, 133;

see Virginia resolutions

Marshall, John, Chief-Justice, declaration concerning supremacy of United States, 142;

that State courts had invariably yielded, 150

Martin, Luther, definition of extent of judicial power of United States, 20;

objection to punishing treason, 43

Mason, George, insisted on National Government, 57;

refused to sign Constitution, reasons, 69

Massachusetts, acceptance of Constitution and use of word compact, 75;

submission to embargo, 30

Military academies in Southern States, 158

Missouri Compromise, 135, 136

Morley, John, on British opinion, 2, 3

Morris, Gouverneur, report of draft of Constitution, 64;

on the importance of the Mississippi, 123

N

New England, discontent with embargo and submission, 130

New York, consideration of the acceptance of the Constitution, 72, 73;

unanimous assertion of its convention that the adoption was for perpetuity, 77, 78

Nullification, claim that validity of laws of general government are at the caprice of each State, 25, 26;

no suggestion of such right in conventions, 75;

no claim of such right save in Kentucky resolutions until 1830, 133;

so stated by Jackson, Marshall, and the nullifiers of South Carolina, 141, 142

P

Pennsylvania, resistance to excise law, 84, 85;

resistance to United States in Gideon Olmstead case, 118-122;

proposition to Virginia for amendment of Constitution as to questions between States and United States, 122, 123

Pinckney, Charles C., declaration in convention of South Carolina that the States never had sovereignty, 74;

satisfaction with Constitution, 67

Pinckney, Charles, declaration as to nationality of the Constitution, 74

Q

Quincy, Josiah, his declaration a threat of rebellion, not a claim of right of secession, 124, 125;

non-concurrence of Massachusetts, 124, 130, 131;

not made delegate to Hartford convention, 132

R

Randolph, Edmund, introduced national resolutions in convention, 51;

did not sign Constitution, 69;

supported it in Virginia convention, 71

Resolutions of State legislatures are mere opinions, 89;

even when declaring laws of United States null and void, 148

S

Secession, general belief in right of, by Southern and English writers, 1-4;

belief of some Northern writers, 5, 6;

impracticability of claim, 25;

declaration of perpetuity in preamble of Constitution, 33, 34;

historically no claim of such right until 1830, 142

Senate, equality of States in, merely a compromise of representation, 60, 61

Slavery abolished by power given in Constitution, 46, 158

South Carolina, declaration concerning tariff, warlike preparations, 138;

original adoption of the Constitution, 73, 74;

nationality asserted in convention, 74;

only State asserting right of nullification in 1833, 146;

resolutions of other Southern States opposing her opinions, 146-148;

collection of duties after State ordinance, 145, 146, and note;

submission to judgment overruling taxation of United States Bank, 150;

first State to secede, 155;

statue of Calhoun and monument at Spartanburg, 161, 162

Southern States, satisfaction with Constitution at first, 67;

opposition to secession in 1833, 146;

resolves of legislatures, 146-148;

change of views, 154;

control of the government before the Civil War, 153;

laws of United States and decision of Supreme Court establishing right to introduce slaves into territories, 154;

preparations for secession, 155;

confidence of success, 157

State governments, powers derived from Constitutions, 27;

subordinate and local, 39, 40;

limited under the Constitution of United States, 46;

original sovereignty questioned, 79-81;

admitted by Webster, 80;

denied in convention of South Carolina, 74;

resolutions of legislatures mere opinions, 148

Stephens, Alexander H., on secession, 1, 2

Story, Joseph, Judge of Supreme Court, doctrine of supremacy of United States, tenacity in his belief, 152, 153

Supreme Court of United States, its powers principally those of restraint, 152;

see Judiciary of the United States

T

Taney, Roger B., Chief-Justice, maintained authority of United States, 151 and note

Tariffs, for revenue and protection, second act, first Congress, 26;

no question of power then, 81, 82

Taylor, John, views concerning the government, 114, 115

Treason, crime according to the Constitution, 41;

right of government to punish, implies its citizens owe allegiance, 41;

a confederacy does not punish it, 41;

the old confederacy, 41;

consideration of the clauses of punishment of, 41, 42

U

United States Government, limited to powers granted by the Constitution, 27;

was a nation or a confederacy made? 28, 29;

the compact was for a nation, 30;

perpetuity declared in preamble, 34;

its supremacy expressly declared and nature of powers granted, 35, 36;

great powers over States, 38, 44;

can be extended by amendment, 45, 46;

see Judiciary of the United States

V

Virginia, acceptance of Constitution, 76;

its powers derived from the people of the United States, 76;

approval by legislature of the supremacy of the United States judiciary, 122, 123;

did not secede, reasons for joining the South, 156

Virginia resolutions, statement of, 98, 99;

did not declare a State could interpose, 99;

a denunciation of assumption of undelegated powers by United States, 99;

opposed by other States, 100, 101;

explanation of their meaning, 102-111;

State means people of the State, 103, 104;

of rights of States in case of usurpations, 105;

right to redress usurpations, 105, 106;

admission of authority of judiciary, 106;

allegation that assumption of undelegated powers would end in monarchy, 108;

attack on Alien and Sedition laws, 109, 111, 112;

assertion that resolutions are mere opinions, 109, 110;

patriotism of the State, 111;

remedial methods suggested, 112

W

Walker, Robert J., as to Jefferson’s views of nullification, 125;

successful canvass of Mississippi, 147

Washington, George, services in convention, 67, 68;

suppression of insurrection by military force, 84;

letter on disbanding the army, 86;

letter submitting Constitution to each State as to consolidation of Union, 86;

farewell address, on unity of government, 86;

action on the Virginia resolutions, 113

Webster, Daniel, personal appearance, 1;

reply to Hayne’s attack on the East, 11, 12;

the coalition and Banquo’s ghost, 10, 11;

eulogium of South Carolina, 13;

declaration that the government was made by the people, for the people, 16;

supremacy and nationality of government, 16-21

Wilson, James, services in the general and State conventions, 70

Wolseley, Lord, as to Lee and secession, 4