The mountain Democrat., 1864-11-19
The MOUNTAIN DEMOCRAT.
Gen. Sherman as = COnstitatfOnal
Lawyer.

Gen. sherman as . COnstitatfOmal
Lawyer.
We admit, says the Virginia City Con.
stitution, that Sherman is = good fighter,
and has done immense service to the arms
Of our country. But when he drops the
sword, and picks up the pen, he cuts the
same sort Of figure that Military neces-
~ y22cDVwelW does in stump speaking.
Hear him on the rights Of the States:
"TEs TRus Bx1ox DoCrRIxE.-Gen. Sher-
man expressed the true Union doctrine when
be said ia his letter to the Mayor Of Atlanta !:
'By the original compact Of Government the
United States had certain rights In Georgia
which have never been relinquIshed and neTe.
viii bs'."-[Marysvilis Appeal.
The above extract is from the Appeal,
whose editor has acquired greater HotO-
riety as an accomplished liar, in q short
time, than any other man mentioned
amongst the children of Satan, and we,
therefore, preface our remarks with the
caution that there is no absolute certainty
that General Sherman ever made such a
goose Of himself as the Appeal afirms.-
But, supPOsiuE the editor stumbled acct
dentally upon the truth, and has not fab.
ricated nor misquoted, we will proceed to
show the Absurdity of the opinion attrib.
uted to Gen. Sherman.
The idea that by the "original compact
Of Government" the United States pos.
scssed any kind Of rights in the sovereign
State Of Georgia is. to constitutional
lawyer, too ridiculous for argument.
Georgia was, by the issue Of the war of
the Revolution, made an independent
sovereignty. She was acknowledged such
by England and every European power,
and between the date Of the Declaration
Of Independence and 1888, when she en-.
tered the Union, she possessed every
right Of complete sovereignty. So far,
therefore, from the United States possess.
ing any rights in Georgia by the original
compact, Georgia herself delegated to the
United States certain modified rights, in
the nature of restricted sovereignty, by
the Constitution Of the United States.
The error in the argument of Sherman,
and the whole Black Republican party,
consists in this: They start out with the
proposition that the Government Of the
United States Is the primal cause Of all
power that the States are mere corpora.
tiOns and permitted to exist by the suf-
ferance OF the central authority, and that
in case Of the dissolution of State gov.
ernment,all the reserved rights went back
to Congress and the President and the
Supreme Court. 1t is almost needless to
controvert the contemplate absurdity of
the proposition.
In the FIRST place, the American Union
is the creature Of the Con >titution the
Constitution itself being the result Of a
compact, league or treaty, between the
sovereign States. The States are older
tran the Constitution, aud are in their
nature indestructiblc. II overrun and
conquered their rights revert to the peO.
pie within their borders, an not to the
General Cove rnmcnt That the States
are still sovereign may be seen from the
nature of several treaty StipulatiOnS which
some Of them have made and entered in
to with the United States.
As, for Instance, in 1890, the State Of
N)'th Carolina entered into a treaty Of
cession Of territory with the United
AhAl part VI bul lON
known as Tennessee vas the property Of
North Carolina. Wiling To be generous
and magnanimbu<, She CO sented 10 ccdc
this noble inheritance, won by her arms
IN the war of the Revolution. to the Gov.
erninent Of the United States. But she
was not willing to do so without condi.
tons. Hence she proposed 10 trau>fer it
nn1t.P 90 N r.S than
was the following: Congress shall have
power TO lrgislalc for said territory in a
manner similar to that which they sup.
port in the territory west Of the Ohio:
Provided always, that M regulation made,
or TO be made by Congress, shall tend to
emancipate slaves"
The Government Of the United States
accepted the ceS>ion Of Tennessee under
this proviso, AMI passed an act Of Con-
gress confirming it. Now, then, suppose
the United States should attempt to pass
laws or issue executive procIamations
"tendin. to cm1nciplte slaves" in Ten
neSSee, as they have done, they violate
solemn treaty. male with a sovereign
power, and an act of war follows under
the Law Of nations for redress.
Another illustration Of this may be seen
in the treaty Of the annexation Of Texas.
The frst resolution provided that "the
territory properly included within, and
rightfully belonging to the Republic of
Texas" might be admitted as new State.
The second resolution contained the terms
of the treaty Of admission -one Of them
as, follows: q Third, new States Cf conve.
nicnt size, not exceeding four in number,
may hereafter, by the consent of said
State. be formed out Of the territory
thereof which shall be entitled 10 admiS.
sion under the provisions Of the Federal
Constitution" Now these slipuIations
form a treaty between sovereigns and
are governed by ell the laws Of nations
applicable to such compacts. Texas, com.
ing into the Union under treaty stipu.
lation by the United States Government
to permit new States to be formed out OF
her territory by her consent, suppose the
pledge should be violated and new States
formed without her consent. could she
not lawfully 60 out Of the Union? II not,
why not? Who is appointed judge and
arbiter between the two Republics? Who
is to decide upon the mode or measure Of
redress
These examples are sufficient to ind
cate the puerile folly Of those small poll
ticians and narrow minded fanatics, who
are so ignorant as to contend that the
States are all annihilatcd and swallowed
Mp in tho General Government and pos
Sess no rights except such as are gra
ciOusly vOuehssfed by Uncle Abraham's
machine.
Democrats everywhere repudiate these
hereSies, and contend that the General
Government is the creature of the States.
and ethe Constitution the sole bond Of
their Union. TEampls that under foot,