Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-18

State governments were from the date Of the de-
clsrafion Of Independence. the laws Of sovereign
States ard As such we're obligatory upon the people
Of such 7tAfe from the time they were enacted =
Ii is therefore apparent that the right of the State
of Tennessee and Of the Confederate States TO en-
free their lnws within their respective limits arose
not from any acknowledgements of their ndepen-
dence by the United States but from the fact that
their ndrnai soveignty exists in fact and is exclu-
sive and complete The State of Tennessee has all
the attributes of de faeo government. It has we'll
established boundaries within which her laws ope-
rate It has been recognised and established as q
government since 1856 1t administers civil and
criminal Justice 1t furnishes protection to life liberty
and property. If any citze1 re dent is assault
ed nbelled or imprisoned if his property rights
~ airy way be invaded he can Immediately appeal
to the lsws Of Tennessee for protection and they vii
be protected efficiently as in any government
under the snn and as cheaply. All the machinery
Of government . in full operation. Taxes are
seassd and collected, officers supported, laws en-
acted and sxecHted BY sovereign authority Ar
mics are raised and put in the field to repel inva
sion, The authority Of the Federal Government is
az an end n its limits. The State receives no me-
ney benefit or protection from the United States.
No authority of that Government is permitted to be
exercised. There is a defacto government in oper~
alton complete and exclusive and according to wei
established law il Is rightful government as to
all those residing within the limits of the State
They all owe obedience to any LAWS now in exist
ence or which may be enacted.
"a T. 9 sam 2 acts might bti stated with regari e.
Ce fe ierate States & with the except
OF points in the possession of the United States
armies. II is in other respects complete de-
facto government Eleven States have coniedersted
and have within their limits territory more extern,
sive than France. Great Britain and Germany.
They haSea population of millions. They ex
port more than two hundred millions of the pro-
duets of the SOIL No nation in the world creates
much annual wealth in proportion TO its popula-
orOieo .liuoS
fuence on the markets of the world The Coufed
crate States have been recognized a belligerent
Their authority to letters of msrque has been
recognized. and the holders of them are protected
against the charge of piracy
The existence of d. fact0 government under the
laws of nations authorizes foregaStates to send min
listers and consuls and agents 20 sub governments
to represent them, and they viii receive represen
tatives from such Cover lments. Other nations,
says Mr. Kent. must look to the ruling power for
made by such ruling power are binding. Foreign
nations look only to the posse sion." So Wildman
in his treatise International law states that when
in a civil war State changes its government, or
Province or COLONY. that before had no separate ex
istenee, the possession of sovereignty de facto is
the possession Of 1t de jre. and any foreign power
Is at liberty recognize such sovereignty by treaty
with II as an independent State. When sovereignty
is necessary to the validity of act distinction
ought O. be made between sovereignty founded on
n
formed on free suffrage election. Most gov
ernnnents have originated in violence; and any in
quiTy into the origin of sovereignty answers
good purpose and disturbs the repose of nations"
This principle of the law OF nations was acted
upon by the Supreme Court of the Uoited States
in the case of 1.-The Trinidad" 7lh WHEATON.
The question in that case was whether Buenos
Ayres should be regarded by the court as a nation
Jr State de facto, belligerent having right TO
issue letters of marque.
L. ID hck D,A,
colony of Spain in state of rebellion, and that
ITS indepen ience had never been acknowledged by
spain or by the United States.
But the Court said that the United States had
recognized the existence of civil war between
Spain and Buenos Ayres and had ayowed her pur>
pose allow each the ssme rights of intercourse
Each party was therefore belhgerent, and enutled
to the sovereign rights of war.
This capture must therefore be considered as
having the same validity our ports which may Re
claimed by public ships under the laws of nations
When Lord John Russell as the organ Of the
British Government said the Confederate States
had sufficient force, cohesion and relative power TO
be acknowledged as q belligerent Virginia, North
Carolina, Arkansas and Tennessee had not joined
the Confederate States In installation of the action
of the Government he cited the action OF the British
Government in the acknowledgment of Greece as an
existing State whi the Ottoman Empire was then
attempting to subjugste. He said 1t the policy
of nations to recognize States coming into existence
not the interests of mankind that the civilized
world should stand with folded arms and behold
large m asses of men under organized governments
treated as rebels. outlaws and pirates.
The London Post said to be official. declares
that doubt or question the de fdcto indie
pendence Of the Confederate states.
1t would be amazing if, after the world had seen
the positive recognition of the independence of the
United States, of the Netherlands. o. Belgium of
reqas Mexico and other States, and the establish.
81 Il -
their independence was acknowledged, it would
be amazing if all nations did not at early period
the national independence OF elevt n
werful States whose constitutions asserted all
times the right of selfgovernment and upon whose
products the prosperity of the world SO much de-
ponds
Tie internal and external sovereignty of the Con-
feder2te States being thus established for the time
being, will now show what is the legal daty OF
those who reside within the Jurisdiction Il limits
the Confederate States, as fixed by municipal and
law.
The statute of the State of Tennessee declares that
al who reside in the State shall owe and pay ale
glance to the State and upon the commission of GER
tain acts heretofore specified, shall be liable to the
penalty of treason.
II is established law that no person. on the over
throw of q government and the establishment of |
new one, is bound to remain and contract a al
eglance who does not choose to do so. All the men |
who adhered to Great Britain in the Revolutionary |
sequently adudged to have contracted no allegiance
70 the States. But residence in the State after the
change of government establishes an allegiance t.
is laws as long as the party remains.
chancellor kent says All persons, natives and
/ lens. owe local allegiance 10 the country in
Which they reside. They are equally bound by |
Ill generallaws for the preservation of the peace
md the maintenance of law and order. This is a |
principle of justice and public safety universally
ldopted."
efo na l., IS
'ver all persons within territory whether citizens
,r not, and to all criminrl offences committed by
hem within the huIits of the same. The American
tizen who goes INFO a foreign country owes TEN
'orary and local allegiance to that country"
Phiilemore states, 'AIl persons commorsnt in the
and owe obedience for the time being to the laws |
# it."
Oh. J. Marshall states: at would operate
most mischeviously if persons were permitted to |
emdin in State and not submit TO its laws"
This universal law of nations is founded on the |
ublic safety justified by the reason that he who
eceives the Protection of the laws must obey the
" a maxim the truth and justice OF which, says
room has been acknow edged in all ages and Ia
IONS Prosectio tTah1 sugsctionsn; Subjeclio trahd
Vatt,l speaking in regard to the duty of those
Vho reside in q country without citizenship, states
s follows:
From a sense of gratitude for the protection
which he enjoys, the stranger ought to confne
lie ought to assist it upon occasion and to contrib
te to It's defence as much being a citizen of an
ther State will permit we shall see elsewhere what
e can and ought TO do when the country is engaged
a war. Nothing hinders him from defending it
sainst the rsvages of an inundation the devasts
on of fire against pirates or robbers. Can he
retend to live under the protection of State and
srtcpate in a multitude of advantages without do
lg any thing for It's defence and be tranquil spec
.tor of the dangers to which the citizens are ex |
osed?
The legal duty of those who reside within State
pay allegiance to the existing government is fully
established by the laws of Eogland in regard to
'eason. h
The statute 25th Ed. 3rd. declares treason to be
lie levying war against the King, adhering TO e
is enemies, giving th9m aid and comfort,
Hawkins, standard authority on the the crimi-
al law, asks WHO is King within this act?' Ii
GEMS to be argued thatevery King. for the time
sing. is King within the meaning Of the statute
or there Is necessity that the realm should have
King by whose and in whom name the laws shall y
? administered and the King in possesson heinz Z