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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"


Now, what is the remedy? To assure them that you do not intend to use
physical force against them is your first remedy; to assure them that
you intend to consider calmly all the propositions which they make, and
to recognize the rights which the Union was established to secure; that
you intend to settle with them upon a basis in accordance with the
Declaration of Independence and the Constitution of the United States.
When you do that, peace will prevail over the land, and force become a
thing that no man will consider necessary.
I am here confronted with a question which I will not argue. The
position which I have taken necessarily brings me to its consideration.
Without arguing it, I will merely state it. It is the right of a State
to withdraw from the Union. The President says it is not a
constitutional right. The Senator from Ohio [Mr. Wade], and his ally,
the Senator from Tennessee [Mr. Johnson], argued it as no right at all.
Well, let us see. What is meant by a constitutional right? Is it meant
to be a right derived from the Constitution--a grant made in the
Constitution? If that is what is meant, of course we all see at once
that we do not derive it in that way. Is it intended that it is not a
constitutional right, because it is not granted in the Constitution?
That shows, indeed, but a poor appreciation of the nature of our
Government. All that is not granted in the Constitution belongs to the
States; and nothing but what is granted in the Constitution belongs to
the Federal Government; and, keeping this distinction in view, it
requires but little argument to see the conclusion at which we
necessarily arrive.


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