The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
Towards the Senator, personally, I have never manifested
hostility--indeed, could not, because I have ever felt kindly. Many years
of association, very frequent coöperation, manly support from him in times
of trial, are all remembered by me gratefully. The Senator, therefore, had
no right to assume that I was making war upon him. I addressed myself to
a doctrine of which he was not the founder, though he was one of the early
disciples; but he proved an unprofitable follower, for he became
rebellious, and ruined the logic of the doctrine. It was logical in Mr.
Cass's mind; he claimed the power to be inherent in the people who settled
a new Territory, and by this inherent power he held that they might
proceed to form government and to exercise its functions. There was logic
in that--logic up to the point of sovereignty. Not so with the Senator. He
says the inhabitants of the Territories derive their power to form a
government from the consent of Congress; that when we decide that there
are enough of them to constitute a government, and enact an organic law,
then they have power to legislate according to their will. This power
being derived from an act of Congress--a limited agency tied down to the
narrow sphere of the constitutional grant--is made, by that supposition,
the bestower of sovereignty on its creature.
I had occasion the other day to refer to the higher law as it made its
first appearance on earth--the occasion when the tempter entered the
garden of Eden. There is another phase of it. Whoever attempts to
interpose between the supreme law of the Creator and the creature, whether
it be in the regions of morals or politics, proclaims a theory that wars
upon every principle of government. When Congress, the agent for the
States, within the limits of its authority, forms, as it were, a
territorial constitution by its organic act, he who steps in and proclaims
to the settlers in that Territory that they have the right to overturn the
Government, to usurp to themselves powers not delegated, is preaching the
higher law in the domain of politics, which is only less mischievous than
its other form, because the other involves both politics and morals in one
ruinous confusion.
Public-domain text, read in full here on John Shaqi.
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