The Secession and Reconstruction of Tennessee

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University of Chicago Press, 1898 - 108 páginas
Originally presented as the author's thesis.

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Página 94 - A more studied outrage on the legislative authority of the people has never been perpetrated. Congress passed a bill; the President refused to approve it, and then by proclamation puts as much of it in force as he sees fit, and proposes to execute those parts by officers unknown to the laws of the United States and not subject to the confirmation of the Senate!
Página 82 - ... and when sustained by force it becomes a practical abdication by the State of all rights under the Constitution, while the treason which it involves still further works an instant forfeiture of all those functions and powers essential to the continued existence of the State as a body politic, so that from that time forward the territory falls under the exclusive jurisdiction of Congress as other territory, and the State being, according to the language of the law, felo-de-se, ceases to exist.
Página 108 - My approval, however, is not to be construed as an acknowledgment of the right of Congress to pass laws preliminary to the admission of duly qualified representatives from any of the States...
Página 94 - ... he must confine himself to his executive duties — to obey and execute, not make the laws — to suppress by arms armed rebellion, and leave political reorganization to Congress.
Página 96 - But the authority extends no further than to a guaranty of a republican form of government, which supposes a pre-existing government of the form which is to be guaranteed. As long, therefore, as the existing republican forms are continued by the States, they are guaranteed by the federal Constitution.
Página 92 - ... conferred by the federal compact, and this not by virtue of a new ratification of the Constitution, nor a new admission by the federal government, but by virtue of the original ratification, and the constant uninterrupted maintenance of position in the federal Union since that date. " Acts of secession are not invalid to destroy the Union, and valid to destroy the state governments, and the political privileges of their citizens.
Página 84 - ... that this war is not waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States; but to defend and maintain the supremacy of the Constitution and to preserve the Union, with all the dignity, equality, and rights of the several States, unimpaired; and that as soon as these objects are accomplished the war ought to cease.
Página 46 - ... not having since violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall reestablish a State government which shall be republican and in...
Página 68 - August next, will not be treated as a candidate, and all votes for such person will not be taken into account. And I call upon the civil authorities throughout the State to arrest and bring to justice all persons who, under pretence of being candidates for Congress, or other office, are travelling over the State denouncing and nullifying the constitution and laws of the land, and spreading sedition and a spirit of rebellion.
Página 37 - Congress for the protection of the rights of citizens in the respective States. 2. States in anarchy, or wherein the affairs are controlled by bodies of armed men, should be denied representation in Congress. 3. The constitutional guarantee of a republican form of government to every State will require the United States, if these disorders increase or even continue, and all milder measures shall prove ineffectual, to remand the State to a territorial condition, and through a system of public education...

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