Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-08
COMMUNICATION.
treason.

their -resnective State governments as rebels and
traitors deserving the most infamous punishment |
This opinion, if carried into erect IN regard to pris-
oners will lead TO bloody retaliation, and end in an
effusion of blood shocking to all humane men.
IL can be very easily shown to the satisfaction of /
all unprecedented minds that upon principles applica
bic alike in all civilized communities, that they owe
no allegiance to the Lincoln Government and can |
commit no treason against it, but they do owe ale
glance to their respective State governments from
which they derive protection governments founded
on right and existing IN fact But if they were not
rlghtfal governments they are eJdco governments,
and as SUCH entitled to the allegiance of all who
side within their jurisdictional limits.
The ten States which have established the Confed-
crate Government rightful governments
They occupy much higher attitude in regard to
the Federal Government than portions of the popu
lation of the consolidated governments OF Europe
do to the governments under which they have lived
State governments have existed from the very settle
ment of the continent. The thirteen original colo
MES had all specific boundaries. They had their
separate colonial assemblies. The laws of no one
had any operation within the limits of any other
They were each Independent OF all the others as
Great Britain France and Spain are of each ether
now, except in the fact that they were all under
common allegiance TO the crown of Great
Britain Though alliances were made for defence
against Dutch, French and Indian encroachments
such alliances could not be made without the assent
of Great Britain. When attempts were made to
collect tax levied by the British Parliament and
enforce that tax Dy power, the Stdte as
States began the work OF resistance Just as they
have done in the pre- sent separation They called
Congress of delegates, the word Congress meaning
an assemblage of delegates from State sovereign
ties that body of delegates declared on behalf of
and in the name of the several States, that the
power of taxation resided exclusively the pro-
vincial legislatures; that the Stairs had the power
to alter and abolish the existing forms of Govern
ment and that the thirteen colonies were not one
free independent State. but were free and indie
4 -
State Conventions and inserted these great princi
Piles of ght in their several bills of right, and
those principles repeated in vast assemblages on
each recurring forth day of July have been inserted
in the bills of rights of each State, on its
trance equal in the Union of sovereign States.
This right says Chancellor Kent, is right of the
people, founded on the law of nature, and the
on of mankind and is supported by the soundest
authority and the highest precedents.
Many tf the States, probably all Of them immedi-
| ately passed laws for the punishment of treason
| against the State sovereignties.
| The New York State Convention passed an or
dinace declaring that all persons who abded within
the State and derived protection from its laws owed
allegiance to the State"
The validity and rightfulness of the ordinances
were passed upon by the Supreme Court of
States at subsequent period of our national exist
ence and recognized legitimate exercises of State
| power and State supremacy. See 3 Pet
| The articles of confederation were made by the
| States acting as equal States; and under it the
Congress which met during its whole period of ex-
istence acted as equals and as sovregnties. When
| the States met in general convention they met as
equals in that body and acted equal soyereignties
| Alexander Hamilton, the sole representative from
| the State of New York, had the same power that
| the eight delegates from Pennsylvania had. The
| Constitution was not submitted for acceptance or
rejection to the five six hundred thousand voters
in the aggregate to be decided by numerical ma
jorty. Ii was submitted to the States as State
reignties, and It adopted by each StaIe acting
for itself in convention. If any State had chosen
not to have inferred into the Confederacy it would
| have remained a separate republic by common
| consent under acknowledged right to continue in
that attitude. The articles of union are now sub
| ject TO be amended, altered abolished not by a
| popular VOTE not by numerical majerity of the
| entire population of the whole of the States but
| by the States acting as equal political soyer-
| eighties without any reference whatever to
| numerical maiorities of the whole people.
The States did not create self sustaining compact
of government Its executive Its senate, its house
of Representatives are all absolutely dependent on
the action Of the State for their contn
ued existence and successful working If the States
refuse to act, the federal government expires. On
| the other hand if the federal government were
] abolished, We should still have complete govern
meuts, protecting life, liberty and property and
performing successfully every function of human
| government. If We contrast the amount of
business sdjudicated in the Federal courts,
with the amount adjudicated in all the State
courts and by the justices of the peace. if
we contrast the amount of the necessary leg
slntion perfected for the benefit of the people,
nd n compliance with their demands by the legis-
atu es of all the States, with the acted upon
by .ongress we shall be able to form correct idea
| OF he magnitude and Importance of the powers
aimed in the hands of the State governments, and
re comparative insignicsnce of that delegated by
the States TO the central agency. The great
ounders of the Government agreed that the people
should look their State Governments for the pro-
,rlfs md
walton of their great national interests, and that
| central government only essential to pro-
tect three millions of poor and dispersed people
against the encrozchment of foreign nations, for the
regulation of foreign commerce, and for ether ma
| tional purposes.
And, therefore. it was agreed by and between the
several sovereign States assembled in general con~
gention that the powers of the general COVER nment
should be few andspecifcaly enumerated and all the
| covers not delegated to the Federal Govern
ment should be retained in the hands of the States
| the sources of ultimate power.
The judgment of the American people in the
civil revolution of 1900 resulting in the overthrow
| If the Elder Adams, the basis of which judgment
was exhibited in the report of Mr.. Madison to the
| Legislature of Virginia. whilst it supported the
| supremacy of all constitutional laws, established
the great TRUTH that this union OF States was found
ed on compact between sovereign States, and that
| IN the event of a combination between all the
branches of the Government, Legislative, Executive
| I'd Judiciary, to overthrow the compact and es-
tablish usurpatiens, the States parties to that
| compact were the sources of power and authority
to which the people must look in the last resort for
| the preservation of their rights and for determin-
ing what action shodd he taken to resist the exercise
| of arbitrary power.
All experience shows according to the Declaration
| Of Independence, that mankind are more disposed
| to suffer where evils suferable than right
| themselves by abolishing the forms to which they
are accustomed. Igdeed it may be safely and true
y affirmed that the great masses of men in all civil
| lied communities SO busy and eager in the pur
| suit of their engagements and in the improve
| ment of their condition, that the engrossing
feeling of their nature is TO be left undisturbed 1t
| may therefore be safely affirmed consequence
that no general upheaving of great masses of civil
zed men located over widely extended surface ever
| axes place in opposition to existing Government
where there is not violation of the great prn>
iples of civil liberty and great oppression and in
| Justice perpetrated or apprehended The stronger
| the Government, ruling by the sword the more
oppressive Its policy and exactons the reckless
md terrible will be popular resistance, and the
| more often will bloody dramas be repeated The
history of Hungary Ireland, Italy and other States
furnish US with the most solemn illustration of the
| truth of this principle of human action.
| 1t in the midst of our revolution whilst vast
| masses of the people of European States were
| groaning under military coercion, the State of
Maryland now is. that the Declaration of lndepen>
| dence proclaimed to the world what Mr. Madison, in
hose DAYS, called 1.-THE precious and tranScendant
right of the people to abolish or alter their forms
of government, to them shall seem most likely to
effect their safety and happiness" 1t was at the
same that the thirteen original free and sovereign
States inserted the same transcendan right in their
several Constitutions the rights Of the people of
| the respective States? Now ask if this right so
| solemnly proclaimed to the world is not right
which implies a denial of the right of others to con-
| tnue government by force of arms over any or all
Of these States. l ask if they intended to proclaim
principle which was to be accepted as political
truth by others were they proclaiming pollti-
! cal principle which was to be maintained only at
the mounth of the cannon leaving those free States
| no alternative but to travel The same bloody road
which has been SO often Travelled by the vulgar and
| brutal despotisms of the old world Did they in.
tend to proclaim sanction and maintain, that the
| States OF this Confederacy occupied the relative
status of counties to each other and thst majority
of the people of the United States, majority of
the States, a minority of the States embracing
al the large States, have right to conquer pos
sess and hold the balance provinces or counties,
and treat the inhabitants as the vilest malefac