The New York herald., 1867-04-13

State Rights-A Chance for Queen victoria'
Qaeea Isabella, Napelesn the Third and
Maximilian.
II IL Q remarkable fact that the Southern
theory Of State rights has never by any OF
the learned lawyers concerned been pushed
to It's logical solution. In the memorial Of
w. L. Sharkey and Robert J. Walker, in the
name of the State Of Mississippi, for an injunc-
ton from the Supreme Court Of the United
States against the execution Of the reconstruc-
ton laws Of Congress, and in . similar COM
plant from jeremiah s. Black, in behalf of
the State Of Georgia, that beautiful line Of
argument is, though somewhat disguised,
really preserved. First, that the several States
came into the Union and subscribed to the
federal constitution with the right reserved Of
going out at their discretion respectively;
secondly, that in their late hostile coalition
and war against the Union the rebel States
only exercised this reserved right as free
and sovereign copartners thirdly, that when
their rebel armies were subjugated by the
armies of the Union the rebel States, in SUBJ
mitting to the Union, were restored to their
rights as they stood before the war !; and
fourthly, that the constitution is violated in
holding the rebel States as subordinate to the
Union.
Stripped of all pettifogging verbiage, this is
in truth the argument upon which these State
rights lawyers presen. their case for an injunc-
ton from the Supreme Court against the SOW
ereign national authority of Congress. But
let US follow up this line of technical pleading
and see where it will bring US out We will
take the case Of Mississippi. We will suppose
that she has seeded from the Union; that she
is joined by ten other States; that they con-
bine their fortunes in separate confederacy !;
that they have to fight for it for four long
years, but are then subdued; that they
then claim their rights under the contribution
as if nothing had happened; but that Congress
not only refuses their demands, but puts them
under martial law. What theni Why, then,
we hold that upon that Southern theory Of
State rights the proper appeal 70 be made to
the Supreme Court Is thls-that inasmuch as the
federal constitution has been violated by Con-
gress. and beyond remedy, all the States are
released from it, and the national govern
ment known as the United States ceases to
exist; that as the federal constitution swal.
lowed up the old confederation, that too, is
gone and that a. the old confederation alb
sorbed the Declaration OF Independence, the
several States are legally carried back, and
may return, II they choose, to their original
condition as colonies Of England, France or
Spain, or to Mexico. Accordingly, the COM
plainants pray that this decision be rendered
by the Supreme Court, so that, II they choose,
Virginia, North and South Carolina, Georgia,
Alabama and Mississippi may be restored to
Queen Victoria as the lawful successor Of
George the Third; that Florida may be re-
stored to Spain, and Arkansas and Louisiana
may be returned to Napoleon the Third, the
successor of Napoleon the First, and that Texas
may be at liberty, in the exercise Of her State
sovereignty, to join Juarez or Macmillan.
We say that this is good case aud the pro-
per case for the Supreme Court ii we admit
the theory that the constitution is siolated in
holding rebellious States subject to the laws Of
war. The national coparsnership Of the United
States is thus dissolved, and as In sweeping
away the constitution everything is swept
away back to the colonial authority Of George
the Third, the States falling in their late rebel
lion, and protesting against the pains and
penalties Of Congress, may, according to the
arguments Of Sharkey, Walker and Black, de-
mand Of the Supreme Court an order to Presi-
dent Johnson to restore said States to their
original jurisdiction under England, France or
Spain, excepting Texas, and that she may be
at liberty to return TO Mexico under Juarez or
take mp the cause Of Maximilian.