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Updated: May 28, 2025
On the initiative of Mississippi, a provisional Congress had met at Montgomery on Feb. 4, 1861, and created a provisional constitution for the Confederate States of America. By March 11 a permanent constitution was drafted, reproducing that of the United States, with certain modifications. Slavery and State-sovereignty received elaborate guarantees.
The assault on state-sovereignty has, however, already been brought to a standstill by the impact of fact.
Governmental sovereignty, like travel and trade, had come to ignore State lines. The whole idea and feeling of State-sovereignty, once as potent North as South, had vanished and been forgotten. Far otherwise at the South, where, owing to the great size of States and to the paucity of railways and telegraphs, interstate association was not yet a force.
This is the claim and call of the modern Caesar, whether his separate capitals remain, as they are to-day, in London, Paris, Washington, and the other centres of state-sovereignty, or whether mankind can rise, if not in our own day, to the level of a single allegiance. We shall neglect that call at our peril.
Calhoun, with his State-sovereignty doctrines, his partisanship, and his unscrupulous defiance of the Constitution, forfeited his place among great statesmen, and lost the esteem and confidence of a majority of his countrymen, except so far as his abilities and his unsullied private life entitled him to admiration. I know of no abler and more candid life of Calhoun than that of Von Holst.
If all this was not visible to Aristotle when he penned his immortal opening paragraph of the Politics, he is at least entitled to the credit of having laid his doctrine of state-sovereignty on a foundation so sure that over twenty centuries of discussion from the Stoics and Cynics, through Augustine and Dante, down to Rousseau and Lenin, have not been able to shake it.
It is indicative of the prevalence of State-sovereignty feeling at the time to note the general alarm caused by this decision. An eleventh amendment to the Constitution, forbidding a State to be sued before the Federal courts by non-residents, immediately passed the Senate by a vote of twenty-three to two and the House by eighty-one to nine.
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