of being a patriot," said he.
"I trust I am," said I.
"We are invaded. Our homes are destroyed. Our women are insulted. Our
men are slain. The enemy is before our capital and hopes to conquer. Can
you hesitate?"
"I should not hesitate if I understood as you understand. But how can
you expect me to kill men when I know nothing of the merits of the cause
for which I am told to fight?"
"Jones, so far as I am concerned, and so far as the government is
concerned, your question is hardly pertinent. You are already a
Confederate soldier by your own free act. Your only chance to keep from
serving is to get yourself killed, or at least disabled; I will not
suggest desertion. For your sake, however, I am ready to answer any
question you may ask about the causes of the war. You ought to have your
mind satisfied, if it be possible."
"What are they fighting about?"
"Do you recall the manner in which the United States came into
existence?"
"Yes, I think so," said I.
"Tell me."
"The colonies rebelled against Great Britain and won their independence
in war," said I.
"Well; what then?"
"The colonies sent delegates to a convention, and the delegates framed a
constitution."
"Well; what then?"
"The colonies agreed to abide by the constitution."
"That is to say, the Colonies, or States, ratified the action of the
constitutional convention?" he asked.
"Yes; that is what I mean," said I.
"Then do you think the States created the general government? Think a
little before you answer."
"Why should I think? It seems plain enough."
"Yet I will present an alternative. Did the States create the Federal
government, or did the people of the whole United States, acting as a
body-politic, create it?"
"Your alternative seems contradictory," said I.
"In what respect?"
"It makes the United States exist before the United States came into
existence," said I.
"Then what would your answer be?"
"The people of each colony, or each State rather, sent delegates. The
delegates, representing the respective States, framed the constitution.
The people, if I mistake not, ratified the constitution, each State
voting separately. Therefore I think that the United States government
is a creature of the States and not of the people as a body-politic; for
there could have been no such body-politic."
"Jones, my dear fellow, you are a constitutional lawyer; you ought never
to have entered military service."
"Beside
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