The Theory of Our National Existence, As Shown By the Action of the Government of the United States Since 1861

Hurd, John C. (John Codman), 1816-1892

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105) pointed out how the success of the Government against the rebellion has limited judicial inquiry to such history as may support the action of the Government in that instance. I have sinoe found the same idea expressed by Mr. Yeaman, in " Study of Government," ch. 18, §§ 10, 22,28.
* Digitized by Google 824 THE PLAGE OF SQYEBEIGNTY.
The Question of To-day.
It may then, perhaps, be asked of me, If the general public now says that sovereign power is now held by the nation as a whole, as a mas...s of millions, why not say that it is now so held, that the Constitution now derives its authority from such nation ; and why not, each one of us individually, recognize this, no matter whether it had been so before 1861 or not?^ The readiest answer which I should have at hand for a question of this sort, either now or at any previous time, would be, that the thing asserted, supposed, or imagined as a fact, whether asserted, supposed, or imagined, by a few or by many, is simply a moral and physical impossi- bility.

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