War of the Rebellion: Serial 127 Page 1161 CONFEDERATE AUTHORITIES.

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which necessarily explains and limits the general phrases so as to consolidate the States by degrees into one sovereignty, the obvious tendency and inevitable result of which would be to transform the present republican system of the United States into an absolute, or at least a mixed, monarchy.

The following quotations are from the Kentucky resolutions, drawn up by Mr. Jefferson himself (the italics as in the last quotation are my own):

That the several States composing the United States of America are not united on the principle of unlimited submission to the General Government, but that by a compact under the style and title of a Constitution of the United States and of amendments thereto they constituted a General Government for special purposes-delegated to that Government certain definite powers, reserving each State to itself the residuary mass of right to their own self-government; that whensoever the General Government assumes undelegated powers its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State and is an integral party, its co-States forming as to itself the other party; that the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to its, since that would have made its discretion and not the Constitution the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each has an equal right to judge for itself as well of infractions as of the mode and measure of redress.

And again:

That the construction applied by the General Government (as evinced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power to lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defense and general welfare of the United States, and to make all laws necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States or any Department thereof, goes to the destruction of all the limits prescribed to their power by the Constitution; that words meant by that instrument to be subsidiary only to the execution of the limited powers ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the instrument.

But let us examine your doctrine a little further and see whether it can be reconciled to the construction lately put upon the Constitution by the States composing the Confederacy over which you preside, and the action lately taken by them. The Constitution of the United States gives Congress the power to provide for calling forth the militia to suppress insurrections. Carry out your doctrine and Congress must, of course, be the judge of what constitutes and in insurrection as well as of the means necessary and proper to be used in executing the specific powers given to Congress to suppress it. Georgia, claiming that the Congress of the United States has abused the specific powers granted to it and passed laws which were not necessary and proper in executing these specific powers which were injurious to her people, and claiming to be herself the judge, seceded from the Union. Congress denied her power or right to do so, and acting upon the doctrine laid down by you, Congress, claiming to be the judge, proceeded to adjudicate the case and determined that the action of Georgia amounted to an insurrection and passed laws for its suppression. Among others they havif we may credit the newspapers, which authorizes the President to arm our negroes against us. Congress will no doubt justify this act under the specific power given to it by the Constitution to raise armies, as the armies as well as the militia may be used to suppress insurrection and execute the laws. Apply the test laid down by you and the suppression of the insurrection and the execution of the laws of the United States in Georgia? And does it devise and create an instrumentality for executing the specific power granted? Congress,