Acts of Union 1707

“ Mr Madison observed that whatever reason might have existed for the equality of suffrage when the Union was a federal one among sovereign States, it must cease when a National Governmt, should be put into the place. In the former case, the acts of Congs depended so much for their efficacy on the cooperation of the States, that these had a weight both within & without Congress, nearly in proportion to their extent and importance. ”

“ ARTICLE E The European Parliament, the Council, the Commission and the Court of Justice shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.
ARTICLE F 1. The Union shall respect the national identities of its Member States, whose systems of government are founded on the principles of democracy. ”

“ I may add at this point that while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation or by any of the acts of Congress. ”

“ Ever since the assembling of the first Continental Congress in 1774 the thirteen commonwealths had acted in concert, and sometimes most generously, as when Maryland and South Carolina had joined in the Declaration of Independence without any crying grievances of their own, from a feeling that the cause of one should be the cause of all. It has sometimes been said that the Union was in its origin a league of sovereign states, each of which surrendered a specific portion of its sovereignty to the federal government for the sake of the common welfare. ”

“ ARTICLE 138b In so far as provided in this Treaty, the European Parliament shall participate in the process leading up to the adoption of Community acts by exercising its powers under the procedures laid down in Articles 189b and 189c and by giving its assent or delivering advisory opinions. The European Parliament may, acting by a majority of its members, request the Commission to submit any appropriate proposal on matters on which it considers that a Community act is required for the purpose of implementing this Treaty. ”

“ Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.’
The rights enshrined in Article 6 must be respected particularly when the European Parliament and the Council adopt legislative acts in the area of judicial cooperation in criminal matters, on the basis of Articles 82, 83 and 85 of the Treaty on the Functioning of the European Union, notably to define common minimum provisions as regards the categorisation of offences and punishments and certain aspects of procedural law. ”

“ The same body, in 1776, took bolder steps, and exerted powers, which could in no other manner be justified or accounted for, than upon the supposition, that a national union for national purposes already existed, and that the congress was invested with sovereign power over all the colonies for the purpose of preserving the common rights and liberties of all. ”

“ On the contrary the whole trend of Colonial experience confirms, in the most striking fashion, the essential soundness of the position which Unionists have maintained throughout, that the material, social and moral interests, alike of Ireland and of Great Britain, demand that they should remain members of one effective, undivided legislative and administrative organisation. ”

“ We know that the resolution of Congress of 1780 contemplated that the new States to be formed under their recommendation were to have the same rights of sovereignty, freedom, and independence, as the old. That every resolution, cession, compact, and ordinance of the States observed the same liberal principle. That the Union of the Constitution is a union formed of equal States, and that new States, when admitted, were to enter "this Union." ”

“ When on May 25, 1787, the convention assembled at Philadelphia, its task, under the call of Congress, was limited to the preparation of amendments to the old Confederation. The first formal resolution to which it came after organization reads as follows: "That a national government ought to be established, consisting of a supreme legislature, executive, and judiciary." The convention from the beginning was evidently resolved to recommend a new, elaborate, and powerful form of government. The key to this action is found in the history of the twelve years from 1775 to 1787. ”

“ The terms union, federal, united, all imply a combination of sovereignties, a confederation of States. They never apply to an association of individuals. Who ever heard of the United State of New York, of Massachusetts, or of Virginia? Who ever heard the term federal or union applied to the aggregation of individuals into one community? Nor is the other point less clear—that the sovereignty is in the several States, and that our system is a union of twenty-four sovereign powers, under a constitutional compact, and not of a divided sovereignty between the States severally and the United States? ”

“ Although the outbreak of fighting made some sort of united action imperative, this plan of union was subjected to debate intermittently for over sixteen months 50 and even after being adopted by Congress, toward the end of 1777, it was not ratified by the States until March, 1781, when the war was already drawing to a close. The exigencies of the hour forced Congress, without any authorization, to act as if it had been duly empowered and in general to proceed as if the Confederation had been formed. ”

“ Congress embraced the opportunity, thus afforded, to address the states on the subject of ceding the territory, reminding them, "how indispensably necessary it is to establish the federal union on a fixed and permanent basis, and on principles, acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigor of our councils, and the success of our measures; to our tranquillity at home, our reputation abroad; to our very existence, as a free, sovereign, and independent people." ”

“ In this view, the actions of the Americans show the evolution of a continuous theory and policy, and the application of a single system of principles,—a system which was based upon free statehood, just connection and union. The British-American Union of 1763 was a Union of States under the State of Great Britain as Justiciar, that state having power to dispose of and make all rules and regulations respecting the connected and united free states, needful to protect and preserve the connection and union, according to the principles of the law of nature and of nations. ”

“ They must form a strong union or leave themselves at the mercy of ambitious foes. It was this state of affairs that led to the Constitutional Convention of 1787, by whose wisdom the National Union which has proved so solid a bond was organized. The Constitution made by this body gave rise to the Republic of the United States. A subsequent act, which in 1898 added a number of distant island possessions to our Union, and vastly widened its interests and its importance in the world's councils, made of it a "Greater Republic," a mighty dominion whose possessions extended half round the globe. ”

“ In several of the colonies the want of orderly government became so serious that, in 1775, the Continental Congress advised them to form temporary governments until the trouble with Great Britain had been settled. When independence was declared Congress recommended to all the States that they should adopt governments of their own. In accordance with that recommendation, in the course of a very few years each State established an independent government and adopted a written constitution. ”

“ The repeal of the Act of Union must be demanded because it is the wish of the people, declared in their petitions of 1822 and 1836 - because, apart from the injustice of its provisions, its principle is stupidly vicious in placing under Legislature a territory so vast, that it cannot be sufficiently well known for the representatives to decide advisedly as to the relative importance of local improvements demanded on all hands, and the contradictory allegations of the people on a great variety of measures. ”

“ This Union can only be preserved by maintaining the fraternal feeling between the North and the South, the East and the West. If that good feeling can be preserved, the Union will be as perpetual as the fame of its great founders. It can be maintained by preserving the sovereignty of the States, the right of each State and each Territory to settle its domestic concerns for itself, and the duty of each to refrain from interfering with the other in any of its local or domestic institutions. ”

“ The right to raise money by national authority, the right to maintain troops without the consent of the colonies, and the right to enforce regulations on trade,—these were the three disputed points in the English policy of control. They were all exercised by the Continental Congress, and accepted by the colonies. In a word, the Continental Congress constituted a government exercising great sovereign powers. It began with no such authority; it never received such authority until 1781. The war must be fought, the forces of the people must be organized ”

“ The justification of all such forms of relationship must, it would seem, be found in the fundamental right which every independent state, whether a justiciar state or not, has to the preservation of its existence and its leadership or judgeship—that is, in the right of self-preservation, which, when necessary to be invoked, overrules all other rights. On this theory must, it would seem, be explained the relations between the American Union and its Territories between Germany and Alsace-Lorraine, and between England and Ireland. ”

“ In Congress are vested all legislative powers, and upon them devolves the responsibility as well for framing unwise and excessive laws as for neglecting to devise and adopt measures absolutely demanded by the wants of the country. Let us earnestly hope that before the expiration of our respective terms of service, now rapidly drawing to a close, an all-wise Providence will so guide our counsels as to strengthen and preserve the Federal Unions, inspire reverence for the Constitution, restore prosperity and happiness to our whole people, and promote "on earth peace, good will toward men." ”

“ The easiest way of checking them was to limit the power of the assemblies by strong clauses in the charters or in the governor's instructions; and to the very last the governors, and above the governors the king, retained the power of royal veto, which in England was never exercised after 1708. Thus the colonies were accustomed to see their laws quietly and legally reversed, while Parliament was growing into the belief that its will ought to prevail against the king or the judges. In a wild frontier country the people were obliged to depend upon their neighbors for defence or companionship. ”

“ From the moment that the Second Continental Congress had ordered the colonies to be put in a state of defence, either independence must come, or thee colonies must submit. No far-seeing man could expect that England would make the concessions which the colonies declared indispensable. Yet for more than a year Congress hesitated to declare publicly that the Americans would not return to obedience. As forgiving and loyal subjects of a king misled by wicked advisers, they still seemed supported by precedent and acting on the rights of Englishmen. ”

“ It would be much more plausible to contend that Congress had no power to pass such an enabling act, than to argue that the people of a Territory might be kept out of the Union for an indefinite period, and until it might please Congress to permit them to exercise the right of self-government. ”

“ During and soon after a war waged for eight years to resist a claim to legislate for them locally and internally, inferred from parliamentary supremacy, the colonies or states constructed two unions and established in both a division of power bearing a strong similitude to that upon which they were willing to have continued their union with England; namely: yielding to her the regulation of war, peace, and commerce, and retaining for themselves local and internal legislation. The first union "retains" to the States the sovereignty and rights not delegated to the United States ”

“ The next important influence tending towards union was the oppressive policy of Great Britain. The industries and commerce of the colonies had long been seriously restricted by the measures of the mother-country, and after the war with France an attempt was made to tax the colonists, though they were sternly refused representation in Parliament, the tax-laying body. Community in oppression produced unity in feeling; the colonies joined hands, and in 1765 a congress of their representatives was held in New York, which appealed to the King for their just political rights. ”

“ The Union which they established can exist only where all the States are represented in both Houses of Congress; where one State is as free as another to regulate its internal concerns according to its own will, and where the laws of the central Government, strictly confined to matters of national jurisdiction, apply with equal force to all the people of every section. ”