Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-07-12
The secession Of the Fractional Part,

Tennessee and Virginia Is SubversIve of all
Government and violative of all law. To do
so effectualiy we must be somewhat analyti, ;
al in our discussions, but not necessarily too
tedious or insipid.
First. What is State in its ordinary ac-
ceptation2 Man Is political as well as a
social animal. Hence all men, in all ages,
have had rulers or lsws-those that made and
those that obeyed them-those that judged
and those that were jndged-those that exer-
cised aud those that obeyed power-Chief-
tains and followers, Princes and subjects,
Magistrates and citize-s--always superiors
and interiors. The helplessness of infancy
and old age, and the sickness and infirmities
of manhood, contestably prove that man can
not live isolated and alone. Hence he is
forced by an inevitable necessity to live Ia
mutual dependence with his fellow man-in
relations of right and justice-controlled by
laws which guide his actions-obedient to
authority which enforces these laws if not
willingly obeyed, and decides when the inter
ests and rights of individuals clash with each
other. A State, therefore, is a collective
body, composed of multitude of individu.
ais united together in mutual dependence, for
their common security and protection. COM
PEELED to act by one uniform will or rule.
Hhaf is Sovereign State? 1t is state that
can enact civil laws. which regulate all the
rights and conduct of its own citizens among
hemselves-pelitical laws, which establish
the form or fundamental principles, of gov
ernment-the manner which the public au-
thority is to be exercised, and the regulation
of all its external relations with foreign ma
tons. When State can thus act independ
ent of all others. it is then a Sovereign State.
But what is SOeereign pOaDer IN a Stdte2 1t
is the effluence and confluence of all power
the fountain from, and to which, emanates
and terminates all derived, vested or delega-
ted authority-itseif without any source i'm
prescriptable IN the nature of man, as abso-
lutely necessary as society, and in existence
coeVal with it. In absolute mOnarchies, SOW
ereign power exists in the mOnarch-in aris-
tocracies such as Formerly were Venice and
Genoa, in lOrdly nObles--in Republics such
as the North American and ancient Athens, In
the people Thus in the Sovereign States of
America in their cOLLectire capacity as States,
and not in their separate parts as countle :,
towns, or civil districts, the sovereign power
resides in the people. Sovereign power in
State is inseparable and indivisible, and
therefore cannot be divided into fractional
parts-such as towns, civil districts or cOun-
test belongs to the entire people of
State as a whole aud not to the people OF
division as part.
Are the several States of the Northern and
Southern Confederacy independent and SOW
ereign? They are sovereign and independent
III all Things hui Al TIC SOuStllu-
ton of these Governments, and are cOnsd-
cred on general principles by each as foreign
States though indeed their mutual relations
are more of domestic independence than of
foreign alienation.
But what relation do the divisions, such
as towns counties and civil districts, of which
each State is composed, bear to their respec-
tive States? They are in every respect de-
pendent creatures of the sovereign States.
They cannot exist in territorial metes and
bounds, they cannot elect single officer, pay
any tax or exercise any functions of authori-
ty or power without the express sanction of
the sovereign Legislative authority of the
State Suppose all the people of congress
sional or civil district were to remove out of
the State. would this destroy or impair the
sovereign authority of the people OF a State
over the unnhabited portion? Therefore all
sovereign or independent power OF these
fractions of counties, towns and civil dis
tricts are merged in, and absorbed by the SUI
preme and sovereign authority of the whole
people of State. If this be true, upon
what principle of constitutional law can any
fragment of the States of Virginia or Ten
nesse exercise the sovereign and independent
power, for any cause, to declare themselves
independent of these States, and annex them
selves to any Federal Government to which
their States do not belong?
Again, the States, or the people thereof,
have created the Federal Government, and
so too they have created all their divisions,
counties and towns. But while they have
parted with some of their sovereign powers
for national purposes to the two Federal
Governments, they have not parted with
single attribute or power of sovereignty ire
Vocably to any county, town, or civil dis.
trict within their enyirOns. Again, it is stat
ed in the Constitution, or in the Declaration
of Rights of every State in this Union, ''that
all free Governments are founded upon the
authority of the people, and instituted for
their peace, safety, and happiness, and as all
power is inherent in them, they have the in
aIienable and indefeasible right to alter, re-
form, and abolish the government in such
manner as they may think proper" And it
is under this undeniable constitutional right
and authority that the seeded States have
separated from the Northern Abolition Con-
federacy. But in what State Constitution
has any bill of rights declared these impre-
scriptabIe, these inalienable powers, were re-
served to- and could be exercised by the peO-
pie separately OF county, town, or civil dis
trict? Hence, the doctrine that a county,
or several counties or towns, have as much
right to secede from State as d State from
the Federal Government, is perfectly absurd.
Again. to prove most conclusively that the
people of East Tennessee and West Virginia,
or those of county or town, have no right
whatever to erect for themselves within the
jurisdiction OF these States a separate and in
dependent government, or to unite the frag-
ments of other States, and form such a State
without the express Legislative sanction of
the sovereign people of these States, we will
cite the highest authority-the Constitutions
of the two Federal Governments. These
Constitutions declare, section ILL, article w,
THAT no new State shall be formed or erect
ed within the jurisdiction OF any other State,
nor any ether State be formed by the juno
ton OF two or more States. or parts Of States
Without the consent Of the Legislatures Of tbs STATES
concerned as well as Congress" The Congress
of the two Confederacies alone can admi. new
States into their fellowship; but neither Con-
gress can admit new State composed Of de-
tached portions of other SteteS, into their
Union without the sovereign sanction of the
Legislature of the States concerned. Thus
the Constitutions of the Northern and South
ern Confederacy deny the right and authority
of the people of any portion of East Tennes-
see and West Virginia to separate themselves
FROM their respective States without the Sow
ereign sanction of the people of those States,
expressed through their Legislatures.
Again it is declared in Article 9Th of the
Constitution of both the Federal Govern
men.s, ''that they guarantees to every State
Republican form of government, and shall
protect each other against foreign invasion,
and on application of the Legislature or the
Executive thereof, against domestic viO-
Ience." Here both the Northern and South
ern Confederacy guarantee the sovereignty
and integrity of each State, both against for
eign enemies or domestic foes. This clause de-
MES to any portion of the people of a State
the right to revolt against its sovereign au-
nullify its laws, and erect separate
or invite foreign armies into
the State, to assist them in their foreign al
legisnce and annexation.
We will now prove, that in all the phases
of revolution and government through which
our people have passed, no divisions of
States, counties or towns have ever had in
any respect, recognition OF separate indie
pendent existence, or authority, but in every
Instance thew were regarded as absorbed by