The Placer herald., 1864-01-02
From the Cincinnati Enquirer.
STATES RIGHTS.

femOve not the ancient land marks which thy
fathers have set.-Proverbs xii, %.
1t is profitable at all times to recur to first
principles. That holds good to religion and
to politics. Such recurrence, if done with
a proper spirit, will always prove advanta
geous to nations and individuals, to rulers
and the governed. The ancient landmarks
which the fathers have set, are guides which
should not be removed by those who desire
to be governed in their daily walk and con.
versation by respect for the ri ghts of their
bretbern and neighbors. We propose as the
vague and loose ideas about States rights, to
recur to the ancient lar dmarks upon the sub
ject, which the people will never allow to be
removed as long as they have the will and
the spirit to maintain their liberties.
Upon examining the Declaration Of 1nde-
pendence, it will be seen that anterior to the
adoption of it the thirteen States were Mir-
teen separate md distinct British Colonies,
each having separate and distinct local gov
einments, yet all owing allegiance TO Great
Britain. The Declaration of Independence
declared the colonies to be thirteen 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 adopted and promul gated as
the act of thirteen States and not as the act
of a nation or people consolidated as one
Government. 1t is signed by delegates rep
resenling the thirteen States. 1t also de-
elares that whenever any form OF govern"
ment becomes destructive" Of the "inaiepa.
BE rights Of life, liberty and the pursuit Of
happiness it is ri ight of the people to abolish
it, and TO institute new government
In pursuance Of this understanding each
Of the thirteen States, as separate and dis
war with Great Britain, and as such, contin.
ued 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 expressly admitted and recog-
nized. 1t begins I'VE, the undersigned del
egates Of the States, not of the peope;" it
then names each of the thirteen States, and
by the second article, it expressly declares
'each State retains its sovereignty" &c.
This was for perpetual Union
The perpetual Union began or was formed
in 1878: anterior thereto, there was no Uni
on or general head to direct 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 l77s
to l7S7-nine years; during his period all
the States acted as sovereign and indepen-
dent States in all matters, except only as re-
spect to powers delegated by the Articles of
Confederation. In l793-the war being
over, Great Britain made 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-"to be
free, sovereign and independent States; that
he (the King) treats them as such" Again
this treaty says, "that Congress shall earnest
y recommend it to the Legislatures of the
respective States, to provide for the restituti-
tuition of all estates" &c, &c.
Before the Constitution became binding
upon any State, it required nine States to
ratify it, Delaware ratified it in December,
1887, and New Hampshire ninth State
in June, 1918. There was no provision
in the Articles of Confederation that the l3
States were to be bound thereby until the
Constitution was ratified by the ninth State,
nor is there anything in the Constitution to
that effect The perpetual Union was therel
fore desolved in December, 1884, by Della
ware, Pennsylvania and New Jersey seeding
and ratifying the Constitution; Georgia rali-
fed it on the 2d Of January, 1888; Counec-
ticut, 9th January, 1888; Massachusetts, 9th
February, 1888; Maryland ed April, 1888;
South Carolina, 2ad May, 1888; and New
Hampshire-the ninth State-2lst June,
1888. The 2lst Of June, 1888, gave birth
to the Constitution, and more perfect Uni
on; and from that day the Constitution be.
came the great charter of the nine states
which had so ratified it, as well as all Of the
other States which subsequently, ratified it;
then it was that the Federal Government, or
the United States of America as a Govern
ment, first came into existence. 1t has been
shown that the perpetual Union was dis
solved in 1887, and so continued until June,
1888. Its dissolution did not take place by
the unanimous consent of all the States, but
it was by virtue of each State admitting and
exercising the sovereignty inherent in each,
and the right to alter or abolish their form