Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-05-16

the United States, vest In the states or
the Nation. .. As to whether there Is
any law OF the United States by which
property contributed by inhabitants OF
any of the Sovereign States" for any
purpose, legal or illegal, vests in the
Federal Union, and If so, that the orators
might set forth how such law had its
origin, and "where such law is to be
found laid down and recorded" vi
course it will occur to every lawyer by
the very form of this enquiry, that the
defendants counsel assumed that II any
such law exists, it must be by special
statute aud being a foreign statute, should
have been alleged in the bill as matter
of fact to be proved upon the trial. In
short, the cross.bill vas properly regard
ed by the counsel for our government
as merely a challenge to discuss the law
of the case made on the original bill, by
way of special pleading, in advance or
the hearing. The brief OF Judge Red
field meets the issue made by these ex'
ceptions, and is exceedingly able and
fearless and may well excite the pride
OF the American Bar. This attempt of
the tory counsel OF the agents OF the
defunct Confederacy, to get in advance
| an endorsement by the court Of the
doctrine of estate Sovereignty" which,
once unanswtrably demolished by Web
ster In argument, at last went down in
blood in the late war for the Union, never
again TO raise its hydra head, was at
once met by Judge Redfeld with equal
promptness and vigor. The ludicrOus
puerility OF the defendants counsel that
our National SoverigntyiS it exist at all
must repose upon the narrow bosom o
some special law or statute, is complete
" overwhelmed in the clearness and
power with which Judge Redfleld sets
forth the doctrine that the supreme ma
tionality OF our government is the
great unwritten law OF our land, as al
pervadlng as the common law Itself. w
do not know that we have ever seen tn,
argument more comprehensively, and a
the same time so briefly pat, and W,
cannot refrain from quoting from tn
brief:
"The absurdity and lncongruity 0
"calling any of the American State
Sovereign in the ordinary sense Of tina
"term, as having no superior will b.
"obvious, when we reflect that tn
UNITED States National Government
dis not created by a compact Of tn
States, but by an organic law creating
zone vast consolidated national Empire
"by the people Of the States creating
1" all the departments and functions c
government; operating directly upo
the people and the property Of the EN-
"pire; with courts OF supreme authori
"ty to measure both the powers Of tn
Nation, and of the States and to over
"rule all DEGREES of the States on the sam
subject, and with posse tomltatns, an
l." an army Of its own to enforce sue!
DEGREES. What then becomes of Stat
Sovereignty ANY such pretence is bu
"a mockery."
On the whole, we have not much rea
son to fear that the tgnus fatuns Of Stat
= Sovereignty, now but family seen abov
the marshes and boys Of decayiDg, if nc
already quite rotten secession, will b
: pulled and blown up by the lawyer
: of England into q flame to consume u!
, And though decision in support Of th
= doctrine OF secession, by the EDglis
l courts, might have the effect to depriy
5 US of the cotton at stake in the suit,
e would hardly have the effect to dissoly
= the American Union, or to essential
4 change its character as a consolidate
s Government c. c. D.