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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 1. (ed. Frank Moore), chapter 152 (search)
s of the consent of the people. Certainly, the most venerated expounders of the Constitution — Jay, Marshall, Hamilton, Kent, Story, Webster — were of opinion that the intention of the convention to establish a permanent, consolidated Government, ommonwealth, had been completely successful. The great and fundamental defect of the Confederation of 1781, (says Chancellor Kent,) which led to its eventual overthrow, was that, in imitation of all former confederacies, it carried the decrees ofundations of the fabric of our national polity where alone they ought to be laid,--on the broad consent of the people. --1 Kent, 225. It is true that the consent of the people was given by the inhabitants voting in each State; but in what other coin the face of our history, should trample under foot the teachings of Jay, Hamilton, Washington, Marshall, Madison, Dane, Kent, Story, and Webster, and, accepting only the dogmas of Mr. Calhoun as infallible, surrender forever our national laws and
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 1. (ed. Frank Moore), chapter 161 (search)
re entitled to all the privileges usually accorded to the public vessels of war of an independent state, always on the supposition that the belligerent rights of the South are acknowledged. The right of search, which, notwithstanding the strange ideas of some journalists who ought to know better, has always been allowed to exist in time of war, will become capable of being exercised by the cruisers both of the North and of the South. The doctrine of the English Admiralty, according to Chancellor Kent, on the right of visitation and search, and on the limitation of the right, has been recognized in its fullest extent by courts of justice in America. And although that right does not entitle a belligerent to search for his subjects or seamen, it does entitle him to search for enemy's property, contraband of war, or for men in the land and naval services of the enemy. The English and French merchant ships and those of all neutrals must, therefore, expect to be searched by the armed ve