Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-11

sovereign states Consuming. the Constitution Vee
signed with the declaration that the ratification III
the convention of nine States slla be sufficient to
establish this Constitution between the States rati-
4 flying the same Although in beth Of the above
Congresses some sovereign 5tstes had larger rep
4 resentation than others, jet each State had only
/ one vote 70 represent It's soFsreignty.
So far, we see not the least recognition Of the ex
istence or legal rights Of any fractional portion OF
State-nothieg indeed, but the sovereign power and
I authority Of the State as an i1dlvisabie unity.
bet US noF examine the formation OF the State
Governments, TO see If any fractional portions Of
the States have any recognized separate existence
authority. The form atoms Of the State Govern
ments Of Tennessee and Virgins are analogous
Tennessee adopted her present Constitution on the
3Oth of August 1884 at Nashville and its preauble
/ is as follows: We. therefore. the Delsqqtss and
Representatives, Of the People Of 1s STATE Of tennessee
elected and in convention assembled. have ordained
and establish the following amended Constitution
for this State, which we recommend TO the people
| Of the Stale for their ratification. Thus we see
these delegates were the representatives. of the
ereign people Of the whole State and that the Con-
stItutiOn had to be ratified by them before its ult
| mate adoption Here. also, the existence and sepa-
rate authority of any fraction of the State is entire
y ignored. And does not every officer of this State
from the highes. TO the lowest, as well SIS every
| member Of the Legislature and the Judiciary swear
| upon their assumption of ofice, to support this
Constitution, and all laws passed in pursuance there
OF by Legislative authority How, therefore, can
abjure their allegiance to the Southern Confedera-
cy, by multiplying and abrogatDg the laws, ordlnan
ces and solemn cOmpacfs of the sovereign people
ana their representative Legislatures? For these
states have now transferred the Federal allegiance
| of their people to this Confedera0y.
This doctrine of sectional alienation or the seq
regation Of sovereign State by any of its parts
or sections is of dsspOc character. ald opposed to
| the fundamental principles OF free government
The doctrine that part should rule the whole or
n
all despOtc~aristOcratic governments The Thirty
Iyrants OF Athens, the tyranic and haugty Mobiles
| of Genoa. Venice, Zurich, Berne, and Fribnurg,
claimed the absolute right to rule the people
as privileged minority, en- account Of their
superior wisdom. Again, once admit the principle
that Ielo have the right to rule the many and you
at once egaize IfilmUirate such as once existed
| in Rome, when Cesar, Crassus, and Pompey
overthrow the liberties of Romans and reigned
Lords paramount or q royal despotIsm such
as afflicted Sparta when two Kings sat
upon the throne; or solitary despotism such
as obtained in France under LsuIs XIV or in Spain
under Phillip ii, in Rome under Nero and Cali
eula. This doctrine Of the right Of few to rule
the many-a part the whole State is the germ or
seminal principle Of despicable tyranny.
We will now prove that Il is not only subversive
OF all stable government. but totally dsPupts all
political and social bonds. Congressional districts
are divided into Counties these into civil districts
and these into neghbOFhoods and these latter into
Distinct families In the recent elections in East
Tennes see and West Virginia, many Of the counties
voted with the majority of their States for separa-
ton and alliance with the Southern COnfederacy;
while these voters constituted respectable minOri-
ties in other counties, and formed msjOrites in
many civil districts and neighbeThoods Now these
majOrities of civil districts, neIghbOrbOOds and
several counties of these divisions of the two States
have as much right 70 secede from these t,r0 dUi-
stoas, and set up separate governments for them
selves and form foreign alliances with federal or
foreign governments these two divisions of East
Tennessee and West Virginia have. Why have the
former not these rights The majority Of these two
divisions over these counties and civil districts was
not near so great as that of the whole State over
these divisions and the doctrine that the minority
should rule the majority Is also applicable to their
case. Then if this doctrine be true. would il not
divide these States into innumerable number OF
separate and independent republics sristocrac e.
or mOnarchies-some of domestic and others OF
foreign allegiance. For the people of these petty
governments would have the sovereign right
70 ally themselves with any government
they might select Would this not dis
organize the sociel and political bonds of
counties, districts and neighborhoods and subvert
all stable and uniform govei nments within the
State?
Again, the law of nations regulates this doctrine
of the independence and sovereignty Of the frag-
ments of States Suppose the people Of East Ten
nessec or West Virginia IN lefauce Of the laws ara
sovereign power OF these States were, upon their
own responsibility, TO invade the territory OF Eng
land France, or any other Power, puUder and muir
der their inhabitants. If any of these Foreign Gov
eznments were 10 capture any OF these selfstyled
independent ard sovereign people, they would hang
them as common thieves and murdeFers. Why /
Because the International Law regards Nations |
alone IN their united sovereign capacity and respOn-
sibilty. and not in their fractional parts and law
less arrOgatiOns- Besides this doctrine that ndlvil
uas Of section can divest themselves at tciU of
State obedience and legal res onsibility legalz-s
and encourages the iniFaCtiOn of all law and the !
commission of many crimes with impunity. 1t |
would transform States into nests OF corssirs |
thieves and murderers, as were once Tuuis Tripoli
and Algiers.
This is true of all civilized governments-that |
every part must be obedient the will OF the whole
that the whole must protect every part-that |
each individual member must submit to the laws OF
the sovereign power Of a State. and without this /
Of all, no protection and security can
be extended to any.
Thus have we essayed to prove that this doctrine |
Of sectional independence of parts of a sovereign /
state, despite of its authority sanction is subver
live Of all stable Governments and viOlative of all
aw. See Chit's Black, vol. ], p % and 80; Story
Jom. on c, vol. l. p. EOS; kent's Com, vi. D IS 1
Cranch. 4Sl! Enc. American q. Y. II. p J0I; Vat 4
'hap. 3, s. 9, 10; Wheat l.. of y D. I26 and I27; /
Adams His. Of Reps, vol lst; Lieb Pol. Eth, vol /
!, from P. 2iI to 26O; Wheaton, p. 81.
W. n. FHBO