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Southern Historical Society Papers, Volume 27. (ed. Reverend J. William Jones) 1 1 Browse Search
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Southern Historical Society Papers, Volume 27. (ed. Reverend J. William Jones), Why the Confederate States did not have a Supreme Court. (search)
affirmed it time and again. But John Marshall, in the Supreme Court, steadily enlarged the delegated power of the common agent, and the northern people generally lost sight of the nature of the Federal government, and, applying the principle of the resolutions of 1798, in the case of secession, set itself up to judge for itself, as well of infraction as of the mode and measure of redress. Mr. Calhoun wrote his book to establish the proposition, and I can well understand how President Davis, Senators Wigfall, Mason, and Hunter all agreed that there should be no Supreme Court, the creature of the Federal authority, to become a common arbiter in all time in disputes between States, or between States and the Federal government. The conclusion I arrive at is, that there was no Supreme Court, because the Confederate States would not tolerate a common arbiter appointed by their agent, the Confederate government. Bradley T. Johnson. The Woodlands, Amelia Courthouse, Va., June 29, 1899.