The mountain Democrat., 1863-10-17
From the CIneinnA Enquirer.
STATES RIGHTS.

MS uatue 0Au Ce1tco-0eT ueArL OutuVeQ cae0 Tie,
on:s more to look on that dear face and die"
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From the CIneinna Enquirer.
STATES RIGHTS.
Remove not the ancient landmarks which thy
fathers have set.-PTovrrbs xii, 70.
1t is profitable at all times to recur to
first principles. That holds good to re-
ligiOn and politics. Such recurrence, il
done with the proper spirit, will always
prove advantageous to nations and indi-
viduals, to rulers and the governed. The
ancient landmarks which the fathers have
set, are guides which should not be re.
moved by those who desire to be govern
ed in their dnily walk and conversation
by respect for the rights Of their brethren
and neighbOrS. We propose. as the spir-
it OF the times is giving birth to very
vague and loose ideas about States rights,
to recur TO the ancient landmarks on the
subject hich the people will never allow
to be removed as long as they have the
will and the spirit 10 maintain their lib.
erli,s.
Upon examining the Declaration of In
dependence, it will be seen that anterior
to the adoption Of it the thirteen States
were thhteen separate and distinct Brit
iSh colonies, each having separate and dis
tinct local governments, yet all owing al
legiance to Great Britain. The Declara-
tiOn of Independence declared these colo.
MES to be thirteen I" free and independent
StateS;" that as such "they have full
power to levy war;" &C., and to "do all
other acts and things which independent
States may Of right do" This assertion
Of sovereignty was ado; ted and promul.
gated as the act Of thirteen States, and
not as the act of nation or people con.
solidated as one government 1t is signed
by delegates representing the thirteen
States. 1t also declares that whenever
any form Of government becomes destruc.
tive" Of the inalienable rights of life,
liberty and the pursuit Of happiness. it is
the right of the people to alter or abolish
it, and to institute new government"
In pursuance Of this understanding,
each of the thirteen States, as separate
and distinct sovereignties or governments
waged war with Great Britain, and as
such, continued to do so during the war
In 1878, the Articles of Confederation
were adopted. In this, the sovereignty
or individuality OF each State is also ex.
pressly admitted and recognized. 1t be.
gins, We, the undersigned delegates o
the States" not Of the people it then
names each Of the thirteen States, and by
the second article it expressly declares
leach State retains its overeignty," &c
This was for perpetual union"
The perpetual Union" began or was
formed in 1878; anterior thereto, there
was no Union" or general head to direc,
or carry out the plans of the States in
conducting the war. The Union was to
be perpetual. 1t was not so, however
it lasted only from 1878 to 1797-nine
years; during this period all the States
acteL as sovereign and independent States
in all matters. except only as respect to
powers delegated by the Articles of Con.
J federation. In 1TS3-the war being over
Great Britain made a treaty OF peace.
In this treaty, Great Britain mentions by
name, admits and declares the thirteen
States-not the people OF these States,
nor the government Of the United States
Ito be free, sovereign and independ-
ent States; that he (the king) treats them
as SUCH" Again this treaty says, "that
Congress shall earnestly recommend it to
the Legislatures Of the respective States,
10 provide for the restitution of all es.
tates," &c, &c.
Before the Constitution became bind
ing upon any State, it required nine
States to ratify it, Delaware ratified il
in December, 1857, and New Hampshire
the ninth State-in June, 1888. There
was no provision in the Articles of Con-
federation that the thirteen States were
to be bound thereby until the Constitu-
tion was ratified by the ninth State, nor
is there anything in the Constitution to
that effect The perpetual union" was
therefore dissolved in December, 1887,
by Delaware, Pennsylvania and New Jer-
Sey seeding and ratifying the Constitu-
lion ; Georgia ratified it on the Cd of Jan
uarv, 1888; Connecticut, 9th of January,
1888; Massachusetts, 9th of February,
l7SS; Maryland, 2d April, 1888; South
Carolina, 23d of May, 1888, and New
Hampshire the ninth Siatc-2lSt June,
1888. The 2lst Of June, 1888. gave
birth to the Constitution, and "more
perfect Union" and from that day the
Constitution became the great charter Of
the nine States which had so ratified it,
as well as all the other States which sub
ScqneDtly ratified it; then it was that the
Federal Government,or the United States
OF America as Government, first came
into existence. 1t has been shown that
the "per. ..etual Union" was dissolved in
1887, and SO continued until June, 1888.
Its dissolution did not take place by the
unanimous consent Of all the States COM
posing it, nor by the consent of the ma
joIity of these States, but it was by
virtue of each State admitting and exer-
cising the independent sovereignty inhe-
rent in each. and the right to alter or
abolish their form of government. This
is shown to be so by the tardiness with
which the States ratified the Constitution
and established the "more perfect Union"
From l7S7 to June 1888, all of the thir-
teen States were again acting as so many
separate and distinct sovereignties or ma
tons, as distinct and separate as when
acting under British charters, and as be-
fore they adopted the Articles of Confed-
Grafton. In 1888, the ninth State having
ratified the Constitution. only nine Of the
thirteen States were bound thereby
they only were in the "more perfect
Union," and acknowledged a common
head or agent; this agent was authorized
to act ior ihe niue States under certain
delegated powers, derived from said
States, delegated to it by each State, at
different DeriodS and not hv the Deonle