Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-30

frsn the columns of the Paris Pays or sJosrnaf
q tss Empire semi-oficial paper published under
the editorial direction of the celebrated GRANIER
DE cAssAaSAc, the New York Necs translates the
Following article, in order to show how the contest
into which we are plunging is regarded by some of
the most enlightened minds in the great centers of
European opinion and Influence:
THE AMERICAN CRISIS.
The Opinion Nasionale has already published sew
ersl quite extended articles upon The American
crisis, and nothing yet indicates that its fecundi
ty Is the verge of exhaustion for in the absence
Of accurate knowledge Of the text and spirit of the
Constitution OF the former United States, as also of
the men OF the South, 1t gives free scope to its
imagination.
Its. however, serious matter and one worthy
of reflection, TO find oneself confronted by several
nhilons OF human beings, who have risen like one
man to reassert their rights and defend their indie
pendence; nor will arguments prove sufficient to
sustain the attempt to stigmatize whole nation
The Opinion Rationale should recall to mind the
words of Lord Chatham during the War of indie
pendence:
when, with one common accord, all classes of
society in nation composed OF millions of indiyid-
uas unite TO give themselves new Government,
there must n. cessafiiy be some great criminal to
punish. for the laws of nature, well as those of
logic itself, repel the supposition that man can
take up arms against his benefactor."
II, however the Opinion Ne onde is to be taken
as authority, the States forming the Southern Con-
federation are to be regarded simply as provinces
in resurrection against the Central Government; in
one word, as rebels. But in this manner of con-
templating the events now occurring in the United
States, there is too grave to be allowed to
pass without refutation The Government of the
United States is not and never has been a Unitary
Government, but is Federal Government
And, first what is a Confederation? Bescherelle
thus defines it, "a league, an alliance between in
dependent States, for the purpose of obtaining
redress for their wrongs and of defending their
rights "
The first condition requisite to State, in forming
part of Confederation is that it shall be indepen-
dent; that is to say. sovereign.
Now, did the States of North America, by any
chance forfeit their sovereignty, that fundamental
basis OF every Confederation, when they formed
their Constitution?
Lest we should expose ourselves to the same
as that into which The Opinion Rationale has
fallen, we will let the law itself speak for US.
The articles of Confederation of 1871 sdpu-
late:
"ARTIcLE 1.-The style of this Confederacy shall
be the United States of America.
"ART. U-Each State retains its sovereignty
freedom and Independence and every power, juris-
diction and right, which is not by this Confedera-
ton expressly delegated to the United States in
Congress assembled"
The Constitution of 1889 in nowise impaired these
rights of sovereignty.
Its preamble declared that
''We the people of the United States in order to
form more perfect Union, establish Justice, insure
domestic tranquility, provide for the common de-
Tense, promote the public welfare, and secure the
blessings of liberty to ourselves and posterity
so ordain and establish this Constitution for the
United States of America"
Then comes the enumeration of the powers spe-
cially delegated by the States to the Federal Gov
ernment
When called upon to ratify this Constitution, the
States, in order to leave doubt whatever in exs~
tence in regard to the scope of this fundamental
law, and with view of defining in still more pre-
else manner the nature of the connections and re-
latons to arise between them and the Federal Gov
eminent, by virtue of this compact, declared that
the different States ef America had not united for
the purpose of placing themselves in principle, in
attitude of unlimited submission so far as the
Federal Government was concerned, but that, by
the compact denominated the Constitution of the
United states and susceptible of amendment, they
established General Government for ends express
ly determined, to which they delegated certain
powers exactly defined. while, at the same time,
formally reserving TO each separate State all other
riehs of sovereignty not delegated by the Constitu-
ton; that in every where the General Govern
ment shou assume powers other than those espe-
cially delega ed, its acts should be null and void
that the Federal Government created by this com
pact should not be, in any case, the judge of the
extent of these powers but that in all c9nfeder-
atoms between sovereign States having no common
judge, each State should reserve for itself equal
right to judge of infractons of the compact and to
redress the same.
After this solemn declaration, the Constitution
was adopted and signed by Washington, Franklin,
part in the ADMINISTRATION of the country and new
er dreamed, like the Opinion Rationale, of convert
ing sovereign States into provinces dependent upon
a central power; on the contrary, and as though
these States, jealous of their sovereignty, had
found the guaranty of their rights to be expressed
explicitly enough they presented in 1889 the amend
ment of the celebrated Jefferson. which ratified
Ia 1871, and is corched in the following words:
"The powers not delegated to the United States
by the Constitution, prohibited by it TO the
States are reserved to the States respectively, to
the people"
Thus The Opinion Ndtoaqle can very readily con
vince itself by rapid survey of the Constitution.
that the latter contains no clause that denies the
rights of State to withdraw from the Union, no
clause which gives to the Federal Government the
power TO force a State to in the Confeiera-
ton against its WILL and should it see fit to infer
such right from the aggregate of the arrange
ments of the Constitution, we shall cite in opposi
ton thereto, the Interpretation of Washington him
SELF which in reference to this question is worth
quite as much. we presume, as that of The Opinion
Ndtionale
The Father of his Country was so far from re-
gsrding the Union as indssoluble or from thinking
that the Federal Government possessed the right TO
retain State in its embrace that n his Farewell
Address re conjured his fellow-citzens never to
entertain the thought of breaking the Union, 20
matter what might be their sources Of compliant
Now, do not this lively solicitude of Washington
and his last entreaty, clearly Indicate tina he rcog
nized the absolute right of the States to detach
themselves from the Union?
The articles of Confederation of 1871, the Consti
tuition of 1877, the amendment OF 1889 the opinion
of Washington-all IN word, concur TO demon |
strate the fragrant of The Opinion Nationals
when it persists in assigning the States the raL
of mere provinces.
The Constitution is in reality, only treaty form
ed between sovereign powers to designate common
agent under the title OF Federal Government for the
purpose of directing, for their common interest |
certain general details OF administration and par
ticularly their intercourse with foreign Govern |
meDts
Let The Opinion Rationale rest assured that this |
is the whole secret of the powerlessness that para
Yves the Cabinet at Washington
The North well knows that there is some thing |
stronger than its desire for dominion over the South
comprehends despite its fanaticism that the Con-
stituuOn refuses it the means of reducing to subu
cation the seeding States; it knows too that The
Opinion Rationale seems to ignore. that it cannot |
place daring hand upon the Southern Confedera- |
.oc without abdcating its own rights of sovereign
ty; it knows that it cannot compel the South to
enter the Union without proceeding by means of |
war and conquest, and that in entering upon that |
,ouHe, even admitting its success, something more
Than doubtful, if were to judge by the surren~ |
Ter OF Fort SUMTER 1t would hazard Its own eX- |
stanCe
The Opinion Rationale calls the southern States
rebels" because they refuse to sanction the usur
patton Of powers which they delegated to the
Federal Government; it terms them revoIutionists
because they opposed TO having the constitu-
-onal fabric turned into unbrided tyranny. and
% descending from the rank of sovereign States in
20 the passive condition of dependent provinces.
It stIgmatlzes as consprators and traitors those
patriots who have not shrunk from breaking the
Union which they venerated, rather than to subject
heir country TO the domination of fratricida hos
ility of the NOrth-so be it; but. then. the South
ylorifes herself with treason like that which fred
he heart of Hampden-like that which flowed in
words of living flame from the lips of Patrick
Ienry-like that which placed upon the brows of
Washington a circlet of undying renown.
In spite of all, then, that the Opinion Nationde
nay be, Messrs. Jefferson Davis Toombs, Memmin-
,er, Walker, Elliott, Reagan. Benjamin and Mallory
sill never be ranked in Europe among the sedi
ious; their patriotism, their integrity, their unde-
liable talent, their tried courage. their entire re-
ord in the past will, the contrary, place them IN