The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-05-08
4 historical View of state Rights.


A Historical View Of State Rights
The fanatics of Cromwelrs time, as they
were called by the conservatives of the day,
came to this country charged to the full with
the principles Of liberty which their great
chief had SO triumphantly, though SO briefly
asserted. The wastes of the New World Of
fered unlimited scope for the development and
trial of their fanaticism. Their number was
small and they were lost sight of. Their idea
was great; but this too was forgotten by the
adherents of the old regime, who failed to
watch the race their countrymen were run
ming on this side the ocean, under the stimu-
lus of the new and unopposed views. So the
colonies for century were but little inter-
fered with. 1t was only required of them to
yield allegiance to the Crown, while each was
permitted for itself to regulate its internal af-
fairs, If in so doing it did not run counter to
the law of the home country. But when the
growing numbers and intelligence of the colo
nists were lifting them up to universal notice,
the long neglected difference in animating
principle caused a diversity Of opinion and
measures, which eliminated in an issue of
arms and revolution. The home Government
contended that the privileges of colony, that
of legislation especially, were grants to be
modified or revoked, as the exigencies of the
parent State demanded. The colonists main
tanned they we're rights and in the particular
matter which gave definiteness to the issue,
claimed that those who paid taxes should of
right make the laws respecting them. But
though they were one in stubbornly urging
this doctrine as to internal concerns, they were
equally unanimous in acknowledging the
Kings Government, as supreme in all transac-
tions with the foreign powers. 1t was only
when the Parliament undertook to draw rev.
enue from them, while denying its right to
regulate its expenditure. that resistance to the
proceeding summoned both parties to arms.
We can now see why the colonists, foresee-
ing the Revolutionary War, instinctively be-
took themselves to substitute for the waning
sovereignty of Great Britain over them in
matters of peace and war, and intercourse
with nations, one which should be fresh, vigo-
rous and inherent. Hitherto no power knew
America as such, still less the colony of New
York or Massachusetts Bay, unless through
the minister of His Britanic Majesty. The
vessel of Boston merchant taken by the
Kings enemies, came before prize court of
the captors, on the same terms with the ship
Of London or Bristol trader. The Conti-
mental Congress, "by the authority of the peo-
ple,r embodied the requisite sovereignty; rails
armies, instituting admiralty tribunals of SUI
preme jurisdiction, and receiving as well as
accrediting ambassadors Invested in the am
pie folds of the mantle which the King could
no longer wear, it succeeded him in the eyes
of the world as the representive of American
nationality. During no period, therefore,
however brief, were the colonies disintegrated
into governments separate and independent
of every and each other. Previously united
for all outward purposes by the grasp of the
Grown, they were kept from parting by the
strong hold nf tho CONGRESS- who were in SOW
eign operation more than year before formal
notice was given to mankind. Let the words
of the Declaration itself explain how the peo-
pie then understood the freedom and indepen-
dence of the States
I'VE, the representatives of the United
States of America in General Congress as
sembled, appealidg to the Supreme Judge of
the world for the rectitude of our intentions,
do, in the name and by the authority of the
good people Of these colonies, solemnly pub
lish and declare, that these United Colonies
are, and of right ought to be, free and indie
pendent States, that they are absolved from
all allegiance to the British crown, and that
all political connexion between them and the
State Of Great Britain is, and ought to be, to-
tally dissolved; and that, as Free and Inde-
pendent States, they have full power to levy
war, conclude peace, contract alliances, es-
tablish commerce, and to do all other acts and
things which Independent States may of right
do"
Here we find the sovereignty Of Great Bri-
tain formally rejected, or, more accurately,
tives in Congress assembled. As against
Great Britain, the United Colonies claim they
are now free and independent United States,
and that in this character they have the sover-
eign and rightful powers possessed by each and
every other free and independent State. Does
Georgia here claim for herself all the inner and
exterior functions Of a sovereign nation? Did
New York proceed to levy war, contract ALI
ances, make treaties? We have searched the
annals OF the time, but cannot find that WASH
ington was commissioned commander-in-chief
BY the free and sovereign State of Delaware,
or that Franklin was accredited to Versailles
by the independent nation of Rhode Island.
We fail, also, to find any State successfully as
sorting itssovereign right to administer the law
of nations in prize court of its own creating.
Pennsylvania and New Hampshire tried it,
misiaking recommendation of Congress for
quit claim of its sovereignty in matters of
capture; but in the great case of Penhallou
%. Doane, the position assumed by Congress
in March, 1779, that in January, l77s more
than year before the Articles of Confedera-
ton are dated, it possessed the supreme SOW
ereign power of peace and war; and so the
power to execute the law of nations and to
control any inferior tribunal, however estab-
lished, was indicated and re-asserted by the
Supreme Court of the United States as at
present constituted.
1t is true that after emancipation from the
British yoke, there was for time centrifu-
gal tendency, which found expression in the
Articles of Confederation and threatened to
make each State as independent of each 9TH
er, as the United States are of other nations
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