Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-18
COMMUNICATION.
HON. W. H HuxPunEYs.-Deor Sir. The State
June 18th, 1851.
Reply

Jno MLawrence, Cheatham,
Henry S Frazer.
June 14th, 1851.
Reply.
| GEYT1EMEY: have no publication containing tn
whole Of the statutes of the Confederate States 81
tina. cannot, therefore. undertake to speak will
| entire accuracy on the subject, in reference t
/ W, ic answer is desired.
The State Of Tennessee is now one of the Confed
crate States. The Congress of the Confederate
| States passed law which consumm tied tn. Union
so soon as the ordinances of the legislature wer
| iOpted by the people of Tennessee; and the pro
visenal c. Institution and laws OF that Confederac,
| have full operate within the limits of Tennessee
| The Coz st*ution of the Confederate State
| which is proposed for the State of Tennessee,
| to adop is the Constitution of the United
S Ites with few me dificatioDs made fo
the purpose Of rtmedying evils which arose in th
practical working of that Constitution not so muel
from errors in the ConstitYtion from improper
CO lstructiOn placed on it. The laws OF the UniteI
| States are adopted except SO far they are in
| compatible with the Constitution and statutes O
| the Confederate States; SO that the change is no
80 much in the Constitutta tan1 laws as 10 th,
| .paration of the Confedes Vel States from tbs
United STATES because they nave proved taithlss,
| e. the Oblig atoms of the constitution. They alb
'gat he Constitution in many particulars. We
have restored it. We shall i've row more fully
| unier the operations of the Constitution and LAVE
as established Dy our 1OreLdtneFs lnan people
of the United States do. Instead Of establishing
! a monarchy the Northern papers have stated
| we would do we have stesdfastIy adhered 70 the
great pr nciples of Constitutional liberty
In the state of things existing il is important
to ascertain what is the legal duty of those who did
not sanction the action Of the majority of the PEG
pie of the state? Ought they now to unite with the
Lincoln Government TO subject majority of the
people TO his rule ought they 10 sustain the
tiOp Of the mai ,r:ty? IL will be reeollented thai
1 -.l-s.-
| Ut the United States, before, has there
| been any qGestiOn submitted 10 the whole
| people Of tie United States, and never can
| be Til our whole form of government is changed
But sfi times and in every State the recognized
aud yell understood course of action is either for
the whole people of the State by direct vote or by
their delegates in convention to determue all CUES
! tions in the last resort. The reason is apparent
A government controlled by mojorities over vast
| continent would necessarily become the most un
manageable. corrupt and oppressive government
that could be devised The submission of funda-
mental questions to the whole people of State ha>
not been attended with any serious evils at any
time. 1t hiss not resultt in the oppression of
noritits. The int of each State is in almost all
| instances the same and the people honogenel u Z,
| No con doubt that the interest of every part
of Tennessee is now TO be sought 10 union with
| the South rather than with the North. IL is it,
questions of encroachments on the rights of prop
erty an right ST personal liberty that the pow r
ton before the people of Tennessee is one in which
clear decisive majority ought TO receive the cheer
| full acquiesence of the whole people
Rutherford his Institutes Of natu al law states
that the reason why the minority should acquiesce
in the rule of the majority is Ist That the minor
ity cannot expect OF right TO control the majority
I'd. That the majority are mostapt 10 be right Sd.
| That the larger number of persons art
| most apt to have the greatest inter est
in the question. Can any one state that if fortS
thousand VOTE rs in Tennessee wish TO remain with
the Northern States and one hundred thousand wish
to form union with the South. that these forty
Thousand should unite with the North to subjugai,
| the hundred thousand, and compel them to submit
to what they regard a lawless despOtism?
The policy OF the State now declared, and will
no doubt be carried into effrcs and the question
what is the legal duty of the minority under existing
circumstances.
The Lincoln government declare that this move
ment of the eleven Confederate States is an 'nsur
| rection," that the government OF the Confederat
States is su-paton. THAI the eight millions OF
people engaged in repeling an invasion of the soil
of the Cont. derate States engaged IN waginR
war on the United Sttes and are therefore, rebel
and traitors; all of whom, under the act OF 1890
defining treason aud fixing its punishment, ii is al
legged des rye the punishment Of death by a lglng
This act also declares that any person shall have
any knowledge of treason, and shall conceal t or
not make it knowa TO the President of the United
States, or the Governor of some State, or some OF
shall be subject to confinement in the penitentiary
and fined
The adoption of the Constitution of the United
States, and the laws of the Unittd States, by the
Confederate Sales, far the crime of treason is
concerned. subjects all persons committing treason
TO Indictment and punishment in the Confederate
States by virtue Of the act of 1870.
The statute of the State OF Tennessee declares thai
every person inhsbiting or residing or voluntarily
coming to nhab,t reside within the limits OF the
state. owes AMI shall pay allegiance TO the govern
ment thereof
The statute having provided that every person
residing within the limits Ct the STATE and enjoy Ing
the protection of its laws should be subject thu
laws against treason proceeds 10 declare that trea
son shall consist in levying against the State or
the government thereof. or assisting the enemies
thereof, or of the United States BY taking com
mission from them, by lining their armies, by en-
listing in their armies or persuadiag others 10 en-
list, b. furnishing them wth arms or other articles
for their aid and comfort, by sending them intelll
ge1ce aiding in any plot fog bsfaying the State
the United States into the lsssgSof foreign en-
envy. 1t also provides that Any person who shall
have any knowledge Of treason Rnl eOnceals the
9 me, does not disclose il to The Governor OF
some judge attorney for the St.E shall be guilty
Of misprison OF treason. TSAason is punishable b.
confinement in the penitenary fer not ieSs than ten
years nor more than twenty years mlsprison OF
treason, by confinement il the peniteniiary for d
period not exceeding five years and by fine of not
more Ina0 one IlousEDu QOllaF9. IL Ludt pOf-
ton of the statute which makes treason against
the United States punishable IN the courts
The st te were at any time compatible with tn,
Constitution of the United States. i is abrogated BY
'he adoption of the provisional G rernment OF the
Confederate States The statute tor the punishment
OF treason against the state be enforced by Stat
tribunals.
will now proceed to show that the penalties Of
fall only those who are false TO the ale
glance they owe 10 the existing government within
the jurlsdictional limits of which they i've and
FIR viii h they receive protection TO life, liberty
and property-that is 70 the State of Tennessee AMI
10 the Confederate Government, and not 70 the
Unite States
The Confederate States possess, and are exercis
ing. all the powers of internal sovereignty The
United States have been excluded from all exercise
of governmental functions within the limits Of the
Confederate States
IL does Lot require the acknowledgment of the |
sovereignty of the Confederate States by the Uni
ted States to authorize the Confederate States u
xzct obedience TO their laws from all persons re
siding within their limits; for that were so, the
Confederate States might Tenlalnl for fifty years
without any la rs for the p,ietion of life, liberty
OF property.
The independence might, indeed, be never rec |
nenized if they waited for recognition BY the |
United tates; that governs Ssoiesslng to re-
gard them as rebellious provxces.
When the Thirteen Colonies declared their ind,- |
pendenee it not acknowledged for seven years |
yet they eXacled Obedience TO all their laws during
that period. Texas Mexico and other Spanish /
provinces exerted ali the rights of internal and exile
nal sovereignty long before their Independence was
acknowle ged.
Mr.. Wheaton in hi Law of Nations, says:
Sovereignty acquired by State either at
the origin of the evil society o which II 10 com
posed o. when it separates itself from the eonm1
nifty of which it previously formed part, and on
which tt was depended This priucple applies to
internal as well as external sovereignty, but an
important Distinction Is to be noticed in this re-
spect between the twdspecies of sovereignty. The
internal sovereignty Il . State does not depend up
recognition by other States. new State spriog-
ing into existence DOS require the recognition
OF other States te confirm its internal sovereignty
rhe existence Of State de fato is suficiest tuls
respect to establish its sovereignty de jars n is
stae because exists Thus the internal sovereign.
" Of the United STATES OF Anericz was comp i,te
from the time they declared themselves free. SOW
sregn and independent States on TIE zth oSG OF in
y, 1916.
III was on this principle that the oSpremseourt
fh ITcited 81 ats knined in 1908 that the several