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COMPACT, SOCIAL- continued.

The duties essential to, 55, 56 (Averment of
Facts), 357.

CONFEDERACY. Our association of States,
testimony of the fathers, 42-48, 80-82, 205-
207, 229, 230.

The Union necessarily a, 48, 49, 136, 156.
Sovereignties may unite in a, 298, 332, 347.
Mutual relations of members: as an inde-
pendent power, 347.

CONGRESS. The powers of, the result of a
compact, 10 et seq, 149, 150.

The Continental, declares the new federaliz-
ing instrument complete, 126, 127, 364.
Provides for carrying it into effect, id. 382.
Members of, are citizens and subjects of their
respective States, 149.

Legislative powers of, 149, 150.

Both Houses of, elected by, and do represent
States, 150.

The House of Representatives not national,
149, 150, 176, 179, 180.

Is to propose amendments, 152

Is a, of States, not of the people at large, 179,
180.

A diplomatic as well as a legislative body,
180, 238.

And the power to admit new States, 354.
CONNECTICUT. Federalizes herself, 89 et seq.
Date of ratification, 89.

Vote on ordinance, id.

Her leading statesmen on the proposed union,
89, 90.

"We the people," means, 90, 91.
Ratifying and ordaining words, id.

Declares acts of Congress in violation of the
Constitution void, 380.

CONSENT. The phrase "consent of the peo-
ple," and self-rule, 348.

In republican government means
the people," 271 [Motto].

"will of

Of the States to the Constitution, 172 et seq.
Of the governed, 264, 291, 292, 294.
CONSERVATIVE ERRORS. The study our
polity demands, 255.

"A REPUBLICAN FORM OF GOVERN-
MENT."

Meaning according to the fathers, 255 et seq.
Can but mean a republic in fact, 255-257,
359.

Errors in exposition, 256.

"THE 14th PARTY TO THE COMPACT."

The general government erroneously al-
leged to be, 259, 260.

The real 14th party is "the United States,"
260.

"NULLIFICATION." First appearance of
this error, 260, 261.

South Carolina's false position, 261, 262.
The proclamation of force a blunder, 261.
Mr. Webster's assumption and avoidance,
261, 262.

Distinction between nullification and seces-
sion, 262.

"THE LOST PRINCIPLE." Sections, or
groups of States, also parties to the com-
pact, 263, 264.

The idea of a compact of sectional equilibri-
um inadmissible, 209, 263.
"THE CONSENT OF THE GOVERNED."

In a republic the proper word is will, 264.
"THE WILL OF THE MAJORITY RULES."
Fallacy of the saying, 264, 265.

Parties govern and tend to destroy liberty,
id.

"THE CHARTER OF OUR LIBERTIES."

The understanding then and now, 265,
266.

CONSERVATIVE ERRORS continued.

SOCIAL COMPACT. CONSTITUTION.
BILL OF RIGHTS. Defined and discrim-
inated, 266.

THE GROWTH AND DEVELOPMENT
THEORY, 266, 267.

SECESSION. A right within the law of self-
preservation, 267, 268.

Its surrender indefensible, 268
The right should be admitted, id.
The late, and its teachings, 268, 269.
CONSOLIDATION.

Union, 46.

Excludes the idea of

No evidence of, of the States, 58, 145, 156,
169, 172, 180.

Repudiated by all in Massachusetts, 80-82,
878.

Mr. Dench and Gen. Brooks on, 80.

Gov. Bowdoin, Sumner, Parsons, Sedgwick,
Dana, &c., on, 81, 82.

Fisher Ames's strong assurances, id., 376, 377.
Distinction between, of States and, of the
Union. 81, 109, 110.

Pleas and assurances of the Federalists, 82,
85-87, 107-110, 376, 377.

The amendments guarding against, 85, 86,
377-379.

The amendment respecting delegated and
reserved powers, 85, 86, 377.
Importance of the amendments, 86, 87, 378,
379.

Possibility of, under the new government

strongly urged, 107, 159, 276, 877 et seq

What was understood by the charge, 109, 110.
Virginia and New Hampshire second Massa-
chusetts in demanding guaranties against,
112.

Pith of the doctrine of, 142, 143.

Did the American people really adopt, 168,
164.

Problems for the supporters of, 285, 286.
Their dilemma, 292, 253, 368-370.
Unheeded form of, the worst, 863.

The idea emphatically disowned and de-
nounced, 376 et seq., 378.

Would have been a fatal objection to the new
government, 377.

Grand result of the movement against,

adoption of amendments IX., X., XI., 378.
Obvious import of Amendment X., 379.
CONSTITUTION, THE. Provides for a union
of States, 4, 5, 124, 136 et seq.

The Expounders" have made a spurious,
16, 78, 124, 162.

False charges adopted as expoundings of, id,
id., id., 159 et seq.

No coercive power over States in, 23, 178, 196,
197, 201.

Settles pro tanto international questions
among States, 23, 24, 377.

Evidences a federation of sovereignties, 42
et seq., 136, 137, 140-142. 148, 149, 240.
It fully recognizes States, 45, 46, 125, 137, 140,
141, 147, 148, 325, 357.

Not the, but the States "reserved," 53, 54,
169, 181.

Recognizes citizens as of States. 56, 143, 151,
288, 296.

The wills that made it survived, 57, 58, 73,
75, 147, 152, 256, 357.

Itself provides for its amendment by States,
id., 64, 147, 152, 325.

Is law in a State by her will, 64, 77, 120, 154,
337.

And the Social Compact; Expounders' sub-
terfuge, 64, 65, 127, 388, 389.

Is the delegating of an extensive trust, 75,
125, 311, 390.

continued.

CONSTITUTION, THE
Ordained by States in their respective con-
ventions, 77, 136, 137 et seq. 185, 189, 190,
296, 300, 357, 364, 413.

The federal, is an addition to a State's, id.
Ratification alone vitalized it, id., 137, 140,
143, 154, 168, 184, 256.

As "the supreme law," 78, 120, 137, 141, 142,
143, 152, 153, 181, 182, 194, 195.
States the only parties to, 124, 125, 136, 137,
140, 153, 263, 279, 280.

The national," of the consolidationists, 121,
122, 132, 133, 290, 298, 299, 313.

Was a mere proposal of the convention to
States, 137, 141-143, 223, 225.

Is a league or compact, 137, 140, 141, 166, 202.
Is a fundamental law, 137, 256, 257, 289, 302.
Is a constitution of a governmental agency,
265, 288, 289, 292, 293.

Or "Deed" as executed, 138-140, 154.
The alleged "done in convention" adden-
dum, 142, 143, 154, 155, 172, 173.
Exposure of this deceptive presentation, 143,
144, 153, 154.

The true presentation, 137, 138, 139, 154'
Testimony of, as to sovereignty, the Govern-

ment, the States, and the Union, 147 et seq.
Shows a union of distinct commonwealths,
each sovereign, 148.

And the Confederation, 144, [Diagram] 152,
153, 199, 200-202.

Is not a Government, 153.

No evidence that a nation ordained, id., 155,
156, 168, 172, 178, 179.

A complete idea of, 140, 154.

Contains only delegated powers, 155, 172, 191,
305, 312, 316, 317, 324, 363, 364.
The only legitimate theory of, 155, 156.
What the perversion of, has wrought, 162.
Motives for the perversion, 164, 184.
Is a compact and law, 166.

Ratifying alone established, 168, 169, 172,
184, 185, 256.

Does not of itself prove its authority, 154,
168, 171, 172.

Was never voted on by the people directly,
170.

The signatures to merely authenticate the
instrument, 171, 172.

Is the law of the Government's being, 172,
265, 288, 289.

The States are named in, 174, 175.

Is not a law over the States, 176, 178, 196,
197.

Federal in its establishment, pro tanto na-
tional in operation. 178, 179, 196, 197.

Is necessarily a federalizing instrument, 184.
"National word and idea stricken from
plan of, 200.

Aims not at State coercion, 201, 384.

Constitutional compact."

Criticism of Mr.
Webster's criticism, 204 et seq.

Does not contain the word "sovereignty," -
said Mr. Lincoln, 216, 217.

-

The true and the false construction of the
language of, 253, 254.

Meaning of the guaranty clause of, 151, 256,
257,359.

The great constitutional charter"- earlier
and later acceptation, id. 265.

A constitution of Government, definition, 266.
How the, relates to the sovereignty and the
Government, 289.

The clause providing for the admission of
new States, 151, 152, 354.

Is subject to the will of the people, 303, 329.
States not subject to, 325, 326, 382.
Aim of the fathers in making, 359, 360.

CONSTITUTION, THE-continued.

Federal usurpations violate, 376, 391, 392.
Leaves the States to provide for their own ex-
istence, 392, 393.

Proves the State the sole object of treason,
394, 413 et seq.

CONVENTION OF '87. Held States the par-
ties to the establishing of the Constitution,
125, 126.

Members were citizens and agents of States,
id.

Said the new system was "the Federal govern-
ment of these States, id., 202, 274, 294.
Said the making of the Constitution was the
"delegating" of an "extensive trust," 125.
Merely framed the plan and submitted it to
the States, 140, 205, 225.

Character and work of, 154, 155, 172, 173,
184.

The signatures simply authenticate and re-
commend the instrument, 171, 172, 173.
Did not represent a nation, 173, 174.
The resolutions laid before, and action there-
on, 197 et seq.

The States' instructions to the deputies, 198,
198.

The aim was to federalize, 199.

Eliminated "national" from the system, 200.
Unanimously rejected proposal of veto on
State laws, 200, 201.

Action on the preamble, 201, 202.

Adopted a compact of Federal government,
201-203.

"United States" means the people as States,
294.

Was a voluntary assemblage of equal sove-
reign States, 328.

On the mode of enforcing Federal jurisdic-
tion, 382 et seq.

CONVENTION, STATE. Authority and pow-
er of the secession conventions. 36, 37.
Is the immediate representative of sovereign-
tỷ, 261.

And ratification, 140.

The ratifying conventions, their action and
powers, id., 154, 155, 301, 302.
"CONVICTIONS, PUBLIC." The, wrought
by Webster, and consequences, 52, 57,
165.

Curtis's presentation of Webster's claim, 165,
166.

Strengthening the, 174, 178, 188 (note, p. 186).
COXE, TENCH. Constitution adopted by
States, 46.

Union excludes the idea of consolidation, id.
The Union was of sovereignties in a confed-
eracy, id., 367, 368.

The Constitution a contract among sovereign
States, 238.

Question with the confederating States, 282.
Distinction between Commonwealth and con-
federacy, id.

CURTIS, G. T. Present principal of the
"Massachusetts School," 50, 51.

Merely repeats and amplifies, 52.

Fallacy of a second social compact, 64, 173,
174, 288 et seq., 290.

Authorities he does not quote from, 88.

Congress the final judge of its constitutional

powers, 161.

What he claims for Webster, 165, 166.

And the ordinances of ratification, 170, 183,
188 et seq.

Garbling the ratifications, 183.

Ratification a deed, not an ordinance, 188,
189, 190.

Shows himself conspicuously unreliable
herein, 190, 191.

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Sovereign authority of a State the highest of
all human, 275, 328, 329.

The nation form a second social compact,
280, 288 et seq., 302, 311, 312.
Substance of his contention, 290.

The general government final judge as to its
own powers, 293,368.

"Political sovereignty" set forth; Sovereign
powers divisible; States put a part of their
Sovereignty in the Constitution, 192, 193,
316.

"Granted irrevocably," -unwarranted lan-
guage, 188, 189, 190-193, 316, 317, 340-342.
Self-stultifying admissions. The State in the
"position of absolute sovereignty," at the
close of the Revolution; Convention of
1787 one of equal sovereign political com-
munities; only sovereign authority of the
people can order political conditions of
society; all supreme power is in the peo-
ple; governments are their agents and de-
positaries; the people may revoke grants
of power, &c., 328-330.

Fatal admissions v. his "History," 329, 410.
The

American doctrine" as to powers,
grants of, governments, and withdrawal,
329, 333, 334, 359, 368, 374.
The evidences he fails to produce, 330.
Torturing the treason clause, 413.

D.

DANA, HON. MR. The government federal,

not consolidated, 81.

DANE, NATHAN. Original enemy of the Con-
stitution, 16, 52, 162.

Founder of the "Massachusetts school," id.
Gamaliel of Story and Webster, id.
Effects of his teaching, 16, 17, 165.
Expounding of the preamble, 167.

DAVIE, W. R. Consolidation would be an in-
superable objection, 129.

State governments necessary to the federal
government, id.

Senate represents sovereignty of the States, id.
The Union a confederacy, id.

On the supreme law clause, 177.
Opposed to coercion, 384.

DAVIS, JEFFERSON. Vindicating him and
Lee, vindicates institutional liberty, 28.
Taught secession at West Point by Uncle
Sam, 32, 33.

Or Lee no traitor, 36, 402.

Not Davis and Lee, but States, seceded, 36-38.
And Lee protected by the jus gentium, 39,

40.

Opposed to the policy of secession, 38.

Statement of Hon. O. R. Singleton, id., note.
Extract from letter of, on the subject, id.,

note.

Comes not within the federal treason clause,
402.

Compelled to obey his State, 36, 37, 402.
DECLARATION OF INDEPENDENCE. Not a

social compact, 290, 291.

The true idea of, 291.

Embodied in New York's first constitution as
part of her fundamental law, 335.

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tion, 80.

DESPOTISM. Change of the federal govern-

ment to a corporate. 197, 215, 300.
DESPOT. Personnel of the government have
become a corporate, 215.

DEVELOPMENT, OR GROWTH.

An absurd
idea as applied to written constitution,
141, 266.

DIAGRAMS, ILLUSTRATIVE. The deed [fed-
eral Constitution] as executed, 138, 139.
Our union and the confederation, 145.
Grades of authority, 295.

The people govern the people, 297.
"Absolute supremacy" formula, id,
Chain of impartations of power, 301.
Divided sovereignty, 308.

The people as the sovereignty, with govern-
ing agencies, 309.

The State's repository of powers, 310.

Three distinct parts of the general govern-
ment, 362.

DICKINSON, JOHN. State sovereignty, how
prized, 35, 395.

The Union a confederacy of republics, 45,
238, 390, 409.

Sovereignty of each represented, id., id.
Character of the new confederacy, 239.
Congress a diplomatic as well as legislative
body, 238.

His expositions strongly commended by
Washington, id.

Distinction between federal league and social
compact, 282.

In case of "bad administration "— what?
390.

Government agents and trustees amenable to
their States, 395.

DIVINE RIGHT. The spurious, 18.

The people govern themselves by, 281, 286.
The only, of government is self-government,
id., id., 309, 408, 428.

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Views on coercion, 90, 384.

The States sovereign bodies, 367.
Power of self-defence essential to small States,
384, 388.

States the guardians of personal rights, 396.
States' right of self-defence unlimited, id.
EMIGRATE. Right to, recognized, 281, 292.
Right vital to a republic, 282.

EVARTS, W. M. Amusing mistake of, 295.
The war made no change in the Union, 331.
EVERETT, Edward. Ignores the ratifying
ordinances, 170.

Strengthening the "public convictions," 174,
188.

No power to coerce States, 178.

Substituting " deed" for "ordinance," 174,
175, 188.

He says the States are not named, 175.
Exposé of his "views," 192.

Admissions touching the Constitution and
the Union [note, 188], 330.
EXPOSITION. Fallacious: An exposé of the
so-called interpretations of the "Massachu-
setts school" and of its aims and methods,
159-254.

Anti-National contemporaneous, 202, 203.
Value of contemporaneous, 253, 254.

Of the language of the Constitution, id.
Judicial, of terms in laws, 254.

Lessons to be derived from the exposé, 269,
270.

"EXPOUNDERS." Leading dogmas of the
school, 12, 53, 54, 159 et seq.

The people in the aggregate made a constitu-
tion, id. 52, 313.

The "nation" evolved, id. 144, 153, 167, 280,
288 et seq.

States subordinated, id., id., 167, 280, id. 297
[Diagram] 313 et seq.

Fallacy of a new social compact, 18, 62, 65,
280 et seq. 288 et seq.

Dominion of the government, 12, 18, 296,
300, 338.

States have such status and rights as the
Constitution assigns them, id., 53, 54, 290,
293, 358.

"Expoundings" and "charges" identical,
16, 78, 159 et seq.

Their refutation, id., 41 et seq., 53.

The government a law unto itself, 19, 298,
368.

The chief expounders, 52, 162.

The creation of the law supreme over the
law-maker, 53.

The federal pact a second social compact, 64,
65, 127, 288 et seq.

Change from voluntariness to involuntari-
ness of union, 58, 299.

Testimony they ignore, 88, 159.

The "deed" itself contradicts them, 153.
Deplorable results of their teachings, 165.
Set up a screen before the Constitution, 166.
No note of the ordinances of ratification, 167.
The reason for the suppression, 170.
Their construction " means fabricating.
172.

"Supreme-law" sophisms, 176 et seq.
Proving too much, 178.

Phrase-culling, 181, 186, 187, 197.

The three cardinal assumptions of, 181.
How "reserved to" is expounded, id.
Garbling the ratifications, 182 et seq.
Garbling the Federalist, 185 et seq.

What the federalist really asserts of our
polity, 186, 187.

Ratification according to the leading ex-
pounder of the day, 188 et seq.

"EXPOUNDERS " continued.

Suppression and distortion of the conven-
tion's records, 196 et seq.

Style of quoting, 100, 199.

What their theory involves, 205, 296.
Their stand in 1861, 213.

Legitimate conclusions, in Lincoln's plain
English, 214.

Their unionolatry, and why, 219, 220.
Methods, pretences, and aims, 220.

Subterfuge respecting the State and federal
constitutions, 288, 289.

Ignore dual capacity of the citizen, 295, 296.
Illustrations of their theory, id., 297-299, 313.
Facts and queries for, 301, 302.

Notions of Sovereignty, 306, 307, 316 et seq.
Delegating Sovereignty - reductio ad absurd-
um, id., id.

Sophistical exceptions out of sovereignty, 307,
308, 314-316, 318.

Defences made means of attack, 314.

The stand is upon Lincoln's dogma, 315,
316.

Arguing from false words, 317.

The school's" corner-stone, 316.

Test questions touching de-sovereignizing,
329, 330.

The alleged change from federation to another
system, 12, 41, 42, 334, 368.

The onus probandi, 335, 336.

The alleged "understanding," 336.
Virtually admit State the ultimate arbiter,
358, 359.

Verbal quibbles, 364.

Contradict the fathers, 368.

Touching the honesty of their "convictions,"
368, 369.

What their wrong-doing culminates in, 369.
Their interpretation a subterfuge, 369.

Error on the question of treason, 411, 412.
Absurd notion of the transfer of citizenship,
416, 417.

"EXPOUNDING." An essential part of the,
theory, 295, 296.

Theory of national "absolute supremacy,"
399.

What the "school" have long tried to con-
ceal, 303.

Example of the most pernicious, 313. 314.
Some of the most respectable professors of
the "school," 316.
Deceptive terms, 317, 364.
Is become degraded, id.
"EXPOUNDINGS."

Modern, identical with
the original charges, against the Constitu-
tion, 16, 78, 159.

Were refuted by Washington, Hamilton, and
all the fathers, id., 42 et seq.

Their refutation barely saved the system, 53,
86, 87.

Comparison of, with the charges, 159 et seq.
Calamitous consequences of, 165.

F.

FACT. The character of our polity is matter
of, 42, 50, 52, 53, 77, 78, 166.

Professors of, wanted, 49.

Exposition of polity is exposition of, 51.
Averments of, 55-57.

Ordinances of ratification are indestructible
facts, 167.

The whole subject one of, 274, 368, 369.
Issues of, tendered, 332, 333.

Facts in the political history of Pennsylva
nia, 288, 289, 292.

Facts as to the States, 332, 393, 325, 326, 359,
360.

FACT-continued.

Title of the government an important, 201,
202, 302.

"Most palpable of all the facts," 331.
Facts must prevail, 367 et seq.

FATHERS, THE., The people sovereign the
government an agency, 9 et seq.

On coercion, 31, 32, 329, 377, 382, 383, 396.
The great aim of, 355, 385 et seq.

On love of one's State, 34, 35, 395, 396.
On the character of the union and the gov-
ernment, 42, 136, 140, 156, 338.

On the commonwealths, 65, 66, 169.
On federalization, 31, 32, 42 et seq., 202,

203.

Theory of the Constitution, 155, 180, 202, 203
The supreme law" clause, 177.

The work of the convention, 201-203.
Compact means Constitution, and accede,
ratify, 206, 207.

The social compact and the federal pact, 282,
337, 338.

Federal and State governments, 311, 312,

355.

Sovereignty and "sovereign powers," 317,
318.

On delegations of power, 194.

Our Constitution of general government, 367,
368.

On federal usurpation, 376, 377, 380.
Self-defence of States, 388 et seq.

FEDERALIST, THE. Testimony of the writers
of, 42, 43.

Federal and State governments, agents, and
trustees, 30, 31.

Testimony as to our polity, 43, 44, 179, 186,
239, 240.

Story's garbling of, 185.

Washington [who knew the writers] says the
articles of, place the polity in a true light,
239.

FEDERALISTS, THE. Overcame the nation-
alists, 75.

Their theory of the Constitution, 275.
FEDERAL AGENCY. The general govern-

ment, 31, 32, 37, 193, 194, 302, 363, 874.
Going into operation, 125-127.
Personnel of, 9, 10, 29, 30, 143, 193, 364.
Through which the States exercise federal
self-government, 125, 196, 197, 374, 375.
Empowered by the States to act on individ-
ual citizens, 75, 261, 262, 383 et seq., 394.
FEDERAL ACTS. Those outside of delegated
powers nullities, 380, 381.

Such acts, if enforced, are usurpations, id.
FEDERAL COMPACT. Principles, modified
by the war and results, 25, 26. [See Com-
pact, Federal.]

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FEDERALIZING AND REPRESENTATIVE
DEMOCRACY. The bases of our constitu-
tions, 347, 348.

FRANKLIN, BENJAMIN. Character of the
Union, 44, 45.

Senate represents sovereign States, id., 102,
367.
FREEDOM, POLITICAL. Conditions of its
vitality, 348, 349.

"FREE, SOVEREIGN, AND INDEPENDENT."
Use and meaning of the phrase, 333.
FUNDAMENTAL PRINCIPLES. From the
statements and opinions of the father.
Part V. p. 373 et seq.

I. The people are the States, composing
whatever nation there is; the federal gov-
ernment their agency, through which is
federal self government, 373-375.

II. The fathers aimed to prevent the federal
delegative authority from increasing to the
control and destruction of States, 376-379.
III. Federal acts, outside of delegated pow-
ers, to be treated as nullities, and, if en-
forced, to be resisted as usurpations, 380,
381.

IV. Federal coercion of States is absolutely
prohibited, 382-387.

V. States have unlimited right of self-de-
fence, even against the federal agency, 373,
388, 393.

VI. Defence of the State with arms, in obedi-
ence to her will, is the duty of her citizens
is true loyalty, and not treason, 394-
396.

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GIBBON. A Roman chapter of American bis-
tory, 19, 20.

GORE, CHRISTOPHER. The union of sove-
reign States, 47.

"GOVERNMENT, THE." Abuse of powers
by, 7.

Self-consolidation of, 13, 17, 18, 300.
The self-vaunted, 298, 303, 368.
A misleading misnomer, 365.
GOVERNMENT, SELF. [See Self-Government.]
GOVERNMENT. The changes contemplated

on the new. The fathers on the nature of
our, 9-11, 44 et seq., 194.
Consolidation of the federal, 13, 17, 18, 20,
293, 334.

Personnel of the federal,-" citizens" and
"subjects" of States, agents," "substi-
tutes," "servants," " representatives" of
the people, id., 29, 80, 143, 194, 286. 312,
364.

The general, the creation of the States. 9 et
seq., 31, 32, 126, 137, 140, 153, 154, 333, 363,
414, 415.

Federal and State Governments, but "

cies,"

agen-

," "trustees," "depositaries," 10, 11,
37, 193, 281, 302, 311, 329, 374, 375.

No sovereignty in the general, 36, 37, 53, 54,
63, 64, 125, 273, 281, 305.

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