Acts of Union 1800

“ 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." ”

“ Such a connection proving to be so slight as to be little more than a fiction, they formed, under the Constitution of 1787, the only other kind of a union which appears to be practicable, namely, a union under a common government which was a Chief Legislature for all the connected and United States by their express grant, and whose powers were expressly limited, by limitation in the grant, to the common purposes of the whole connection and union of free states. ”

“ 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. ”

“ 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." ”

“ And so, sir, when we declare our tenacious adherence to the Union, it is the Union of the Constitution. If the compact between the States is to be trampled into the dust; if anarchy is to be substituted for the usurpation which threatened the Government at an earlier period; if the Union is to become powerless for the purposes for which it was established, and we are vainly to appeal to it for protection--then, sir, conscious of the rectitude of our course, and self-reliant within ourselves, we look beyond the confines of the Union for the maintenance of our rights. ”

“ 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. ”

“ Just connections tend to become unions, it being found in practice necessary, for the preservation of the connection in due order, that the power of adjudicating and applying the law for the common purposes should extend not only to the states, but to all individuals throughout the states. ”

“ 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. ”

“ 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? ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Those of us who thus limit the effect of the Constitution to the Union are charged with advocating an absolute power of the Union over its annexed regions. It is assumed that there is no intermediate theory between that which assumes the Constitution of the American Union to extend to these regions in some more or less partial and metaphorical way,—for it is evident upon inspection that it cannot extend in any literal way,—and that which assumes that the Union is the Government of all these regions with absolute power. ”

“ The Union existed before the Constitution, which was ordained and established among other things to form 'a more perfect Union.' Prior to that event, it is clear that the Union, declared by the Articles of Confederation to be 'perpetual,' was the sole possessor of external sovereignty, and in the Union it remained without change save in so far as the Constitution in express terms qualified its exercise. ”

“ 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. ”

“ 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. ”

“ Each State expressly stipulated, as well for itself as for each and all of its citizens, and every citizen of each State became solemnly bound by his allegiance to the Constitution that any person held to service or labor in one State, escaping into another, should not, in consequence of any law or regulation thereof, be discharged from such service or labor, but should be delivered up on claim of the party to whom such service or labor might be due by the laws of his State. ”

“ I was afraid that if the constitution was to be submitted to the people, to be wholly adopted or wholly rejected by them, they would not only reject it, but bid a lasting farewell to the union. This formidable event I wished to avert, by keeping myself free to propose amendments, and thus, if possible, to remove the obstacles to an effectual government. But it will be asked, whether all these arguments, were not be well weighed in convention. ”

“ 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. ”

“ It is worthy of remark that not only the first, but every succeeding Congress, as well as the late convention, have invariably joined with the people in thinking that the prosperity of America depended on its Union. To preserve and perpetuate it was the great object of the people in forming that convention, and it is also the great object of the plan which the convention has advised them to adopt. With what propriety, therefore, or for what good purposes, are attempts at this particular period made by some men to depreciate the importance of the Union? ”

“ 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. ”

“ But the Union is formed by the surrender by each of the States of its individual sovereignty, and each State by its admission into the Union surrenders its individual sovereignty, or binds itself by a constitutional compact to merge its individual sovereignty in that of the whole. ”

“ Recurring to these principles, which constitute the organic basis of union, we perceive that vast as are the functions and the duties of the Federal Government, vested in or intrusted to its three great departments—the legislative, executive, and judicial—yet the substantive power, the popular force, and the large capacities for social and material development exist in the respective States, which, all being of themselves well-constituted republics, as they preceded so they alone are capable of maintaining and perpetuating the American Union. ”

“ To form a permanent union, accommodated to the opinion and wishes of the delegates of so many States differing in habits, produce, commerce, and internal police, was found to be a work which nothing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish.
Hardly is it to be expected that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular State. ”

“ In considering it, every gentleman will reflect how inadequate to the purposes of the Union the Confederation has been. When the plan of the Confederation was formed, the enemy were invading us; and this inspired the several states with such a spirit of union and mutual defence, that a mere requisition or recommendation of Congress was sufficient to procure the needful aids, without any power of coercion ”

“ The sixth resolution reads: “That the National Legislature ought to be empowered ... to negative all laws passed by the several states, contravening in the opinion of the National Legislature the articles of Union”, and at this point some of the texts add “or any treaty subsisting under the authority of the Union”. ”

“ Men are influenced by precedents, and gladly receive the lessons of experience, while profiting by the mistakes and successes of others. This Plan of Union, by men of the four Middle States, with its masterly written constitution of 1771 powerfully influenced the Constitutional Convention of the United States in 1787. ”

“ These were the circumstances which made it apparent to Americans that the Federal Constitution had come not a day too soon, which welded the nation together like an armor-plate of steel against foes on every hand, and taught the need of union as it never could have been taught amid surroundings of prosperity and peace. ”

“ 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. ”