Civil War and Reconstruction in AlabamaFleming, Walter L. (Walter Lynwood)
History
Civil War and Reconstruction in Alabama
Fleming, Walter L. (Walter Lynwood)
Alabama -- History -- Civil War, 1861-1865; Reconstruction (U.S. history, 1865-1877) -- Alabama
The coöperationists were generally disposed to deny the sovereignty of the
convention. Most of them were former Whigs, who had never worked out a
theory of government. Davis (c.) of Madison repeatedly denied that the
convention had sovereign powers; sovereignty, he said, was held by the
people. Clark (c.) of Lawrence complained that the convention was
encroaching upon the rights of the people whom it should protect, and
asserted it did not possess unlimited power, but that its power was
conferred by act of the legislature, which created only a general agency
for a special purpose; that the convention had no power to do more than
pass the ordinance of secession and acts necessary thereto. Smith (c.)
said that the convention was the creature of the legislature, not of the
people, and that the southern Congress was the creature of the convention.
Buford (s.) of Barbour[52] doubted whether the convention possessed
legislative powers. According to his views, political or sovereign power
was vested in the people; the convention was not above the constitution
which created the legislature. Watts (s.) of Montgomery believed that the
power of the convention to interfere with the constitution was confined to
such changes as were necessary to the perfect accomplishment of secession.
Yelverton (s.) of Coffee summed up the theory of the majority: the
convention had full power and control over the legislative, executive, and
judiciary; the people were present in convention in the persons of their
representatives and in them was the sovereignty, the power, and the will
of the state. This was the theory upon which the convention acted.
Passage of the Ordinance of Secession
Public-domain text, read in full here on John Shaqi.
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