A Constitutional History of Secession

A Constitutional History of Secession

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  • 製本 Hardcover:ハードカバー版/ページ数 336 p.
  • 言語 ENG,ENG
  • 商品コード 9781589800663
  • DDC分類 342.73042

Full Description


This comprehensive history traces the quest for a peaceable and lawful revolution, from Britain's Glorious Revolution to Canada's current situation, with a special emphasis on the constitutional questions raised by the American Civil War. As the British constitution evolved, British leaders recognised the need for a civilised method of transferring power without bloody and destructive revolutions. Impressed by the smooth transition of the Glorious Revolution, America's founders incorporated similar ideas into the Untied States constitution, establishing a republican confederacy of free, sovereign, and independent states. Yet when the Southern states exercised their legal right to peacefully secede, America erupted into a civil war. Graham devotes several chapters to the Confederate secession, addressing the issues of Southern abolitionists, South Carolina's nullification crisis, the Missouri Compromise, the Southern confederacy, the Civil War, and the Reconstruction Acts.

Table of Contents

Foreword                                           13 (4)
Preface: The theme of this work: --- peaceable 17 (4)
and lawful revolution/ its perfection in the
accession of William and Mary, the ``Glorious
Revolution''/ the quiet phase of the American
Revolution/ the demise of the old Confederation
in 1788/ the adoption of the principle of the
Glorious Revolution by the framers of the
United States Constitution/ the right to
abolish and reform republican governments of
the several States/ the right of the several
States to secede from the Union/ the universal,
primordial, and ineradicable character of this
right.
Acknowledgments 21 (4)
The British Crown: The attributes of 25 (48)
sovereign power, the use of the King's power
to frame a constitution in England, the
origins of Parliament/ Magna Carta, the
Statute of Monopolies, the Petition of Right,
the abolition of the Star Chamber, the Habeas
Corpus Act/ the Commons, Lords, and King, the
omnipotence of Parliament/ the exclusive
power of the King to summon Parliament/ royal
succession according to primogeniture/ the
Wars of the Roses and the accession of Henry
VII/ Henry VIII and the seccession of England
from the papal commonwealth of Europe/ royal
succession under the Statute of 35 Henry
VIII, the impeccable statutory claim of Lord
Beauchamp upon the death of Elizabeth I/ the
accession of James I by natural right, the
idea of the King's divine right/ James I as a
philosopher King/ the accession and reign of
Charles I, the English Civil War, the
unlawful execution of the King, and the
``puritan'' Commonwealth/ the restoration of
the House of Stuart, the return of Charles
II, his reign and death/ the accession and
reign of James II, the legitimate birth of
Prince James Edward Stuart, the acquittal of
the Seven Bishops, the flight of James II to
France/ the Convention Parliament of 1689,
the accession of William and Mary, the
English Bill of Rights, and the Act of
Settlement/ le Chevalier de St-Georges,
Bonnie Prince Charlie, the Cardinal King, and
Henrietta's heirs/ the principle of the
Glorious Revolution stated by Blackstone.
The American Union: The Charter of James I, 73 (56)
Virgina and Massachusetts Bay/ the East India
Company's subversion of the King's power to
coin money, the Navigation Acts, the national
debt and the Bank of England/ the paper money
of the colonies of England in North America,
the Currency Acts, and the American
Revolution/ the secessions of Rhode Island
and Virginia from the British Empire examined
and contrasted, the formation and nature of
republican governments in the several States/
the United States as ``free, sovereign, and
independent States''/ the old Confederation
as a ``perpetual Union'' yet lawfully
dissolved without consent of all the States/
the new Union as ``more perfect'' with
sovereign power in the people in each of the
several States in convention/ the Preamble,
Article VII, and Amendment X of the United
States Constitution/ the right of secession
from the Union, the understanding of the
founding fathers of the United States/
interposition as a precursor to secession,
nullification as a gradual process of
secession from the Union/ the resolutions of
Kentucky and Virginia in 1798, peace restored
with France/ the ominous prophecies of
Patrick Henry.
The Northern Secessionists: The clauses in 129(16)
Article I, Section 8 of the United States
Constitution on raising armies and calling
forth the militia, the right to keep and bear
arms in Amendment II, the historical facts in
England and the United States/ the War of
1812, the conscription bills in Congress/ the
resistance of New England, the Hartford
Convention, the resolutions on conscription
and secession/ Madison's proclamation calling
for prayers of repentence, peace restored
with Great Britain and Canada.
The Southern Abolitionists: The Great 145(40)
Compromise in the Philadelphia Convention,
the population index in the third clause of
Article I, Section 2 of the United States
Constitution, the curious ``three-fifths''
clause, the existence of slavery in North
America/ slavery but not racism condoned by
the law of Moses/ the feudal system in
England, the bondage of white Anglo-Saxon
people in villeinage, the extinction of
villeinage under the supervision of the
common law/ the importation of black slaves
from Africa to Jamestown/ the teachings of
St. Paul on love between masters and slaves,
his condemnation of stirring up slaves
against masters, his recognition of the right
of slaves to seek freedom by peaceable and
lawful means, adopted by the Bible-minded
South, the resulting moderation of slavery in
the Southern States/ the law on liberation of
slaves given by Lord Mansfield in the case of
James Somersett, universally adopted by the
judges of the old South, the emancipation
laws of Virginia, the cases of Nancy Murray
and William Manuel/ the ``three-fifths''
clause as a means of encouraging
emancipation, the views of the Southern
abolitionists in the Philadelphia Convention/
the Southern abolitionists inspired by Thomas
Jefferson/ St. George Tucker at the College
of William and Mary, his abolitionist views/
James Madison the abolitionist, the enormous
practical problems of emancipation en masse
in the Southern States/ the uprising of Nat
Turner, the slavery debates in the
legislature of Virginia in 1832, the eloquent
arguments of the Southern abolitionists
examined, the resolution of the legislature
condemning slavery/ the aftermath of the
debates, Dew's Review and Uncle Tom's Cabin/
the difference in the relations between the
races in the North and in the South.
The Nullification Crisis: The school of 185(40)
strict construction, the meaning of
``Jeffersonian democrat''/ the bill for the
first Bank of the United States/ the
similarities to the Bank of England/ the
opinions of Jefferson and Hamilton on the
Bank/ the strength of Hamilton's
demonstration, the reluctant concessions of
Washington, Jefferson, and Madison/
Jackston's veto of the bill extending the
term of the second bank/ Calhoun's idea of a
third bank to ``unbank the banks''/ the power
of Congress to ``provide for the common
defence and general welfare,'' the views of
Madison and Hamilton, why Hamilton was
correct/ duties on commerce, the false
nostrum of ``free trade,'' why Madison and
Calhoun agreed with Hamilton/ the ``Jackson
men'' in the 20th Congress, the resulting
``tariff of abominations,'' the resolutions
of the legislature of South Carolina in 1828,
the debate between Webster and Hayne/ the
nullification of the ``tariff of
abominations'' by the people of South
Carolina in convention, the debate between
Webster and Calhoun, Clay's intermediation,
the compromise which saved the Union.
The Missouri Compromise: The Treaty of Paris 225(52)
in 1783 as a conveyance of western lands to
several States in the Union, Virginia's
conveyance of the Northwest Territory to the
United States/ the corporate power of
Congress to prohibit slavery in the Northwest
Ordinance, the express power of Congress to
reenact the Northwest Ordinance under the
second clause of Article IV, Section 3 of the
United States Constitution/ the history of
the 1808 clause in the Philadelphia
Convention, New England's support of the
slavocrats and opposition to the
abolitionists of the South/ John Jay's
argument for an implied power to prohibit
slavery in the territories, based on the 1808
clause in Article I, Section 9 of the United
States Constitution/ the passionate debate
over slavery in the territories, the argument
of Jefferson Davis/ Henry Clay and the
Missouri Compromise/ the annexation of Texas,
the Mexican War, and the Compromise of 1850,
why there were only 17 slaves in all the
Federal territories in 1860/ the
conspiratorial realities behind the repeal of
the Missouri Compromise/ the character of the
abolitionists in the South, their contrast
with the abolitionists in the North, Abraham
Lincoln's Peoria speech/ the conspiratorial
realities behind the Kansas Civil War/ the
corrupt judgment in the case of Dred Scott,
disregard of the jurisprudence of the old
South/ the conspiratorial view of history in
Lincoln's ``House divided'' speech/ Lincoln's
error: railroads and money, not slave power.
The Southern Confederacy: The deathbed 277(102)
prophecy of John Calhoun/ the resolutions of
the United States Senate in the spring of
1860, agreement between the North and the
South on the nature of the Union/ the
conspiratorial realities behind the election
of Lincoln as President, the chain reaction
for secession in the Southern States, the
cultural antagonisms between the North and
the South, Stephens' ``Union'' speech/ the
secession of South Carolina, the False
pretext of the fugitive slave clause in
Article IV, Section 2 of the United States
Constitution/ President Buchanan's
statesmanship, the convention of States in
Washington D. C., the proposals of John
Crittenden, the sabotage of reconciliation by
Lincoln's supporters/ Lincoln's first
inaugural address, his argument against the
right of secession from the Union, refuted
point by point/ the Montgomery Convention,
the two constitutions of the Confederate
States/ Stephens' ``Cornerstone'' speech
examined/ the decision to reinforce and the
necessity to bombard Fort Sumter/ the
feasibility of a Northern Union and a
Southern Confederacy, the British North
America Act of 1867/ Lincoln's lawlessness as
President in order to ``save the Union,'' his
illegal order calling forth the militia, his
illegal acts of executive war making, the
Prize Cases, his illegal suspension of the
writ of habeas corpus, the cases of John
Merryman and Clement Vallandigham/ the
suspension of the writ of habeas corpus in
the Confederate States, the resolutions of
the legislature of Georgia in 1864, the writs
issued by Judge Pierson of North Carolina.
The War Between the States: The population, 321
wealth, and development of the North not
decisive in determining the outcome of the
war, the South's advantage in defending vast
territory, the lessons of the American
Revolution/ the greatness of General
McClellan, his peninsula campaign sabotaged
by Stanton, the resulting defeat at Second
Manassas/ McClellan's success at Sharpsburg,
the second betrayal of McClellan by Stanton,
the resulting defeats at Fredericksburg and
Chancellorsville/ the death of ``Stonewall''
Jackson, the need for General Lee to change
his style of fighting/ Vicksburg endangered
by Davis' refusal to follow General
Johnston's advice/ Lee's invasion of
Pennsylvania, the soundness of Longstreet's
view, Lee's errors at Gettysburg/
conscription to raise armies in the North,
the great conscription case in Pennsylvania/
Lincoln's emancipation proclamation,
secession as the issue defined by Lincoln and
Davis, the meaning of the Confederate battle
flag/ the war aggravated to facilitate a
takeover of banking and currency in the
United States, the mighty names of Rothschild
and Morgan/ the Hazard Circular, Belmont,
Cooke, and Chase/ conscription to raise
armies in the South, the opposition of
Stephens, the opinion of Judge Bell of Texas/
Confederate currency, bonds, and finance/
Robert E. Lee and Joseph E. Johnston
compared/ the game of army politics, Bragg
and Davis/ Murfreesboro, Chicamauga,
Missionary Ridge, the rebellion of the
western army against Bragg, Johnston put in
command/ Grant's hammering campaign, Lee at
his best/ Johnston's masterful defense of
Atlanta, sabotaged by Bragg and Davis/ Hood
put in command, his invalid condition,
Atlanta lost, the western army destroyed in
Tennessee, Sherman's march through Georgia
and South Carolina/ why the spirit of the
Southern people was broken/ Johnston again in
command/ the conference at Hampton Roads, the
reactions of Davis/ Bentonville, Fort
Stedman, Five Forks, Peterburg, the fall of
Richmond, Sayler's Creek, Appomattox, Durham
Station, the end of military resistance in
the South, the last years in the life of
Jefferson Davis
The Reconstruction Acts: Lincoln's murder/ 379(44)
evidence of conspiracy behind Booth: Stanton,
radical republicans in the Senate and major
financiers as natural suspects/ suspension of
the writ of habeas corpus, the trial of
Payne, Atzerhodt, Herold, and Surrat by
military commission, their rushed execution,
the resulting loss of evidence which might
have implicated Stanton and his associates in
Lincoln's murder, the case of Lamden
Milligan/ Presidential reconstruction by
Lincoln and Johnson/ the abolition of slavery
by the Southern States, the adoption and
meaning of Amendment XIII/ the great injury
to the black race caused by the invasion of
the South/ the 39th Congress, the illegal
exclusion of Southern representatives and
senators, the constitutional monstrosity of
the Reconstruction Acts/ the legal meaning of
Amendment XIV, good and bad, why Amendment
XIV was opposed by the South, why Amendment
XIV was not lawfully adopted/ the impeachment
of Andrew Johnson, an American hero/ Chief
Justice Chase, his evasion of the
Reconstruction Acts, the perversions in Texas
v. White/ Amendment XV, why Amendment XIV
unnecessary to justice between the races/ the
great and timeless ideal of Alexander
Stephens, ``the Federative System between
neighboring Free Democratic States.''
Epilogue: The fall of Atlanta and the 423(26)
conferences in Canada and London leading to the
adoption of the British North America Act of
1867/ Sir John Macdonald's erroneous view of
the American Civil War, the fatal flaw in the
design of the British North America Act of
1867/ the Preamble of the Act, the resulting
beneficial influence of the British
Constitution/ the formal structure of the
Dominion modified by constitutional customs and
conventions, the transformation of Canada from
a consolidated nation state into a real
confederacy/ Anglo-French antagonisms in
Canada/ the unlawful imposition of the Canada
Act of 1982 upon Quebec/ the unlawful
destruction of the Meech Lake Accord/ the
resurgence of separatist sentiment in Quebec,
the 1995 referendum in Quebec, a moral victory
for separatism/ the operative effects of the
principle of the Glorious Revolution in Quebec/
the reference to the Supreme Court of Canada,
the careful preparation of the hearings by the
Chief Justice, the Queen's judges as the Magnum
Concilium of Canada, their historic judgment in
1998, its calming effects across the country/
the Clarity Act and Quebec's Bill 99, the right
of secession as an indispensable means of
giving strength to a federal Union, the just
observations of Lord Acton on the right of
secession
Table of Short Titles 449