A Short History of the Confederate States of America
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{Introduction: Page 2, Par.5} The States, now recognized as free and independent, had, in November,1777, agreed upon "Articles of Confederation and Perpetual Union," which were referred to the Legislatures of the several States, and, being duly approved, were adopted by the Congress on the 9th day of July, 1778.
From these "Articles of Confederation and Perpetual Union" the subjoined extracts are made:
"Article I. The style of this Confederacy shall be, the United States of America."
"Article II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by the Confederation delegated to the United States in Congress assembled."
{Introduction:Pages 3, Par.4-Page 4, all} ...necessary to the general welfare, the Congress, on February 21, 1787,
"Resolved, That it is expedient that, on the second Monday of May next, a convention of delegates, who shall have been appointed by the several States, be held in Philadelphia, for the sole and expressed purpose of revising the Articles of Confederation, and reporting to the Congress and the several legislatures such alterations and provisions thereon as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of Government and preservation of the Union."
This resolution has been quoted at length because it declares the sole purpose to be to revise the Articles of Confederation and recognizes the supremacy of the States as the power to confirm the resolution to be submitted to their several legislatures. And it is to be remembered that it required the unanimous assent of the States to make any alteration in the Articles of Confederation.
When the delegates met in convention, discussion developed the impracticability of amending the Articles of Confederation so as to make them adequate to the exigencies of government, and the convention proceeded to devise a new form of Federal Constitution. There was a well-grounded apprehension that no instrument granting the powers deemed essential would receive unanimous confirmation from the States; and it was provided, by Article XII., that
"The ratification of the Convention of nine States shall be sufficient for the establishment of the Constitution between the States so ratifying the same."
Therefore the names of the States were not written in the preamble, as they had been done in the Articles of Confederation, but only the general expression, "We, the People of the United States," which could mean no more or less than the people of the ratifying States.
If it be asked how nine States consistently secede from the "Confederation and Perpetual Union," of which they were a component part, and the terms of which Union could not be altered unless such alteration should "be confirmed by the Legislature of every State," it is submitted, as an answer to the question, that the States, that is, the people of each State, had never surrendered their Sovereignty, and, by virtue of it, if the Government failed to fulfil the end for which it was established, they had the unalienable right to "alter or to abolish it, and to institute a new government, laying its foundation on such principles and organizing its powers in such form, as to them should seem most likely to effect their safety and happiness."
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{Introduction: Page 5, Par.3-Page 6, Par.2-3} After a time the Constitution was ratified by the eleven States, and the "more perfect Union" was organized, leaving two States-North Carolina and Rhode Island-sole representatives of the Confederation which had raised the Colonies to statehood and independence. The position of these two States conclusively prooves that the sovereignty of each State was an admitted fact, and that it was a voluntary compact to which their assent was requested and from which it was withheld.
The power of the States, in whole or in part, to withdraw from the Union of the Confederation, in 1787, has been conceded by the succeeding generations, and the causes which led to the act have, in like manner, been admitted to be an all sufficient justification.
And this fact suggests the inquiry, Did the States, by the adoption of the new form of government, deprive themselves of that power? and if not, did there exist, in 1861,, justifiable causes for its exercise?
If nowhere is to be found the delegation by the States of sovereignty to the United States, that remained with the States severally, to be exercised thereafter as it had been in 1787.
Eldridge Gerry, of Massachusetts, said, in reference to the power of nine States to withdraw from the Confederation :
"If nine out of thirteen can dissolve the compact, six out of nine will be just as able to dissolve the new one hereafter." Certainly the act of withdrawal, as provided, was to be by the States severally. The number agreeing to withdraw involved the power to maintain the new government, not the right of each to separate itself from the old one. That was a function of the Sovereignty, and the terms of the Constitution recognized the right of each State to exercise it; and to Mr. Gerry's contention it might be answered, the power inherently belongs not to a majority, but to each State.
{Introduction: Page 2, Par.5} The States, now recognized as free and independent, had, in November,1777, agreed upon "Articles of Confederation and Perpetual Union," which were referred to the Legislatures of the several States, and, being duly approved, were adopted by the Congress on the 9th day of July, 1778.
From these "Articles of Confederation and Perpetual Union" the subjoined extracts are made:
"Article I. The style of this Confederacy shall be, the United States of America."
"Article II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by the Confederation delegated to the United States in Congress assembled."
{Introduction:Pages 3, Par.4-Page 4, all} ...necessary to the general welfare, the Congress, on February 21, 1787,
"Resolved, That it is expedient that, on the second Monday of May next, a convention of delegates, who shall have been appointed by the several States, be held in Philadelphia, for the sole and expressed purpose of revising the Articles of Confederation, and reporting to the Congress and the several legislatures such alterations and provisions thereon as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of Government and preservation of the Union."
This resolution has been quoted at length because it declares the sole purpose to be to revise the Articles of Confederation and recognizes the supremacy of the States as the power to confirm the resolution to be submitted to their several legislatures. And it is to be remembered that it required the unanimous assent of the States to make any alteration in the Articles of Confederation.
When the delegates met in convention, discussion developed the impracticability of amending the Articles of Confederation so as to make them adequate to the exigencies of government, and the convention proceeded to devise a new form of Federal Constitution. There was a well-grounded apprehension that no instrument granting the powers deemed essential would receive unanimous confirmation from the States; and it was provided, by Article XII., that
"The ratification of the Convention of nine States shall be sufficient for the establishment of the Constitution between the States so ratifying the same."
Therefore the names of the States were not written in the preamble, as they had been done in the Articles of Confederation, but only the general expression, "We, the People of the United States," which could mean no more or less than the people of the ratifying States.
If it be asked how nine States consistently secede from the "Confederation and Perpetual Union," of which they were a component part, and the terms of which Union could not be altered unless such alteration should "be confirmed by the Legislature of every State," it is submitted, as an answer to the question, that the States, that is, the people of each State, had never surrendered their Sovereignty, and, by virtue of it, if the Government failed to fulfil the end for which it was established, they had the unalienable right to "alter or to abolish it, and to institute a new government, laying its foundation on such principles and organizing its powers in such form, as to them should seem most likely to effect their safety and happiness."
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{Introduction: Page 5, Par.3-Page 6, Par.2-3} After a time the Constitution was ratified by the eleven States, and the "more perfect Union" was organized, leaving two States-North Carolina and Rhode Island-sole representatives of the Confederation which had raised the Colonies to statehood and independence. The position of these two States conclusively prooves that the sovereignty of each State was an admitted fact, and that it was a voluntary compact to which their assent was requested and from which it was withheld.
The power of the States, in whole or in part, to withdraw from the Union of the Confederation, in 1787, has been conceded by the succeeding generations, and the causes which led to the act have, in like manner, been admitted to be an all sufficient justification.
And this fact suggests the inquiry, Did the States, by the adoption of the new form of government, deprive themselves of that power? and if not, did there exist, in 1861,, justifiable causes for its exercise?
If nowhere is to be found the delegation by the States of sovereignty to the United States, that remained with the States severally, to be exercised thereafter as it had been in 1787.
Eldridge Gerry, of Massachusetts, said, in reference to the power of nine States to withdraw from the Confederation :
"If nine out of thirteen can dissolve the compact, six out of nine will be just as able to dissolve the new one hereafter." Certainly the act of withdrawal, as provided, was to be by the States severally. The number agreeing to withdraw involved the power to maintain the new government, not the right of each to separate itself from the old one. That was a function of the Sovereignty, and the terms of the Constitution recognized the right of each State to exercise it; and to Mr. Gerry's contention it might be answered, the power inherently belongs not to a majority, but to each State.