The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-06-27
nIr. nIelgs,s Letters.

tiers from our late fellow townsman Re-
turn J, Meiga, Esq. They were written
10 MIR. Maynard Of this State. During a
debate in Congress last winter, between
him and Mr.. Thaddeus Stevens, Ct Penn
sylvania, the latter inquired by what con-
sfT stitutional provision the President APP
vi.r pointed Andrew johnson Governor of
Tennessee? Mr.. Maynard replied, by
virtue Of the fourth section Of the fourth
article, declaring that the United States
s shall guaranty to every State Of this I'm
ion, republican form of government"
few days afterwards the letters were
written, simply as private communica-
tions. Mr. Maynard, however, thought
proper to introduce them into subse-
quent speech and they appear on page
957 Of the Congressional Globe, for the last
Session. Apart from judicial decisions,
there is no higher legal authority with
the people of Tennessee than the opin-
ions of Mr.. Meigs, one, and by far the
ablest of her former Attorney Generals:
silt 10 BROADWAY, New York;
-qae January 90 1868.
DEAR SIR When you come TO discuss
edl a the guarantee clause of the Constitution,
s.oa it may save you trouble TO have a refer
ence to some definition of republican
tsia government MIR. Madison has three
-HuA times defined il in the Federalist In
go h No. 10: "a republic by which mean a
ys Government in which the scheme of rep
20 resentation takes place." &C. (P. 46
l Hallowell edition, 1922 In No. IA: "In
r1u ademocracy the people meet and exercise
the government in person; in a republic
they assemble and administer it by their
b representatives and agents." (P.610 In
ta No. 30: If We resort for n criterion, to
the different principles which differ
ent forms Of government are established,
we may define republic to be, or at least
may bestow that name on, Government
which derives all its power directly or
indirectly from the great body of the
@ people, and is administered by persons
holding their offices during pleasure, for
n limited period, or during good behavior.
-or3r II is essential TO such Government that
-me il is derived from the great body Of the
nn society, not from an uncomfortable pro-
r portion, favored class of il, &c. II
m is sufficient fer such Government that
c the persons administering il be appointed
either directly or indirectly by the peo-
.s.as pie, and that they hold their appoint
eit ments by either of the tenures Just spec
~ ifed,o &c. Up. ia, 175)
2. We guaranty the performance OF
ra what some other person or body is first
. bound 10 perform. Thus the people oil
Tennessee first bound to maintain o
8sls republican form of government, because
they were admitted as a republic; and
a. must be subordinate to the COn6tltu-
ton of the United States, because they
aeU engaged TO DO subordinate; and if they
fail to maintain such government, ther
the United States are bound 10 maintain
il for them, for the safety of the other
States, &c.
g. Please read Vattel, Book III, sections
293, 1884, At the end OF the first para
graph of section 1884, he says g civil
war ought TO be carried on by the con-
tending parties IN Me same manner as by
two different nations" And this is re-
peated in the last paragraph of section
295, where lac says: The obligation 10
observe the common laios Of loar is the
same which the law of nature imposes
on all nations in transactions Iettceex
State and State" And this is because
the two parties must necessarily be
considered as constituting, at least TOR a
$50 time, two separate bodies two distinct
-.r societies" (Section 293l H6 insists
that the observance of the laws of war
observed between State and State is even
more necessary in the unhappy creuIn-
stance Of "two incensed parties lace
rating their common country" (Sectiou
294) Now read Book III chan. tx. ir
which the right Of war, with regard h
as0 things belonging to the enemy" is stated
State taking up arms in a Just cause
has
/. A right to obtain possession of he,
property withheld by the enemy, sc
Book ILL., sec, 1907
2. right TO weaken her enemy in or.
der to render him incapable of support.
ing his uni ust Violence right TO de.
prive him Of the means of resistance
(Bd) We have q right to deprive GU:
enemy OF his possessions, of every thing
which may augment his strength and en-.
able him 10 make war;
8. In order to obtain security against
repetition of the wrong in the future
things OF value may be taken from the
wrong doer, such rights cities, pro-
yinces," &c. The right, for instance, tC
hold slaves, whose labor may enable the
wrong-dOer TO renew the contest at some
future time.
Tennessee has pronounced herself an
independent people," and she clamOrs
loudly for all belligerent right III we
reiusetO consider her as occupying the
position OF an independent STATE for the
purpose OF the war, we must consider all
her people as guilty Of treason at least,
we must so consider all who serve in the
rebel army, and all who aid and abet the
rebellion But this would lead TO indis-
criminate slaughter. To avoid this. We
treat Tennessee as a belligerent Eat least
for time" And while we treat her As
a belligerent we grant her all the rights
Of civilized warfare. We call her people
taken in battle prisoners Of war" we
respect her flag Of truce" &C. But
while she enjoys the advantages of the
Ig0s Of 0ar, does she also expect to have
the protection Of the Constitution of the
United States for her slaves DO not
her Slaves ''aagReRt her stragh and enable