Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-07-23
STATE SOVEREIGNTY AND STATS
RIGHTS.

STATE SOVEREIGNTY AND STATS
RIGHTS.
The New York Tribune of April 20,
in an editorial article entitled "The
Scotched Snake" says, "of the thirty
seven States now composing the Union,
thirteen existed, but not as Independent
sovereignties, even before the Union was
formed" Mr.. Lincoln declared in his
message to the extra session of Congress,
that convened shortly after his inaugura-
ton in 1851, that emo one OF our States,
except Texas, ever was a sovereignty; "
aud in his first speech after he set out for
Washington previous TO his inauguration,
he had likened the relation between the
States and the Union to that of counties
to State. And Mr.. Motley, in his Gre
bellion Record" vol. l, page oil, writes,
"The States never scceded to the Consti.
tuition. and have no power to secede from
it. twas Ordained and established over
the States by a power superior to the
States, by the people of the whole land
in their aggregate capacity" These ex-
tracts express pretty fully the Radical
idea of the status of the States. The
thirteen colonies declared their independ-
ence by the separate and distinct name
end designation of each colony or State
which States then had no political connec-
ton with each other-and each continued
for several years to act as distinct and
separate sovereign State. Mr. Justice
Story says: 'The colonies were indepen-
dent of each other in respect to their
domestic concerns" (Story on the Con-
sitution, Vol. l, p 164) In other
words, each was independent of the leg
islation OF another, and of all the others
combined, if they had pleased to COM
bine. Early in the year 1776, (befOre
the general declaration by al the States,)
South Carolina declared her separate in
dependence, appointed John Rutledge her
President, and raised her own forces;
with which forces she fought the battle
of Fort Moultrie, on the Goth of June of
that year, and gained 80 ever-memorable
and glorious victory. The commissions
of Gen. Moultrie, Gen. Sumter, Gen.
Marion, and every other officer
of the South Carolina army of
that period, were signed, "John
Rnledge, President of South Caro-.
lima" That State also entered into a
treaty with France, and acted in all RESI-
poets as a separate, sovereign and indie
pendent State, and as such, formed con-
federacy with the other separate States,
in 1850, by ratifying the articles of Con-
federation. The original thirteen States
which had previously established the ar
ticlcs of confederation, agreed TO elect
separately, each by its own people, dele
gates TO a general convention of the sew
raj States to be held at Philadelphia, for
the purpose of forming between them
selves a constitution or compact of gov
| eminent. This convention assembled at
Philadelphia on the l4th of May, 1877,
and the present constitution was drawn
up and reported by MIR. John Rut-
ledge, Of South Carolina, and was final
ly agreed TO on the 18th of Sep
tember, 1857. The convention agreed
and determined that whenever the sep
atate conventions mot the people by a.
rect rOte) Of nine of these several States,
as s0vercigrtics, should ratlfy this cOnsti-
tuition, It should be considered as finally
established, and 60 at once into full oper-
alton, and be binding as 10 the ratifying
parties; binding not over, but between
the States which ratified it. Well, by
hard urging, persuasion, and explanation,
barely enough States Gcceded TO the
s,Ncw Articles of Union to save it.
The difficulty and delay was mainly
caused by the fear of each individual
State, that lis sovereignty and rights
SIS an independent State might be en-
dangeTed. The fears then expressed
by such patriots as Patrick Henry,
! George Mason, Gen. Pinckney, and other
astute men Of that day, were prophecies
that have become literally fulfilled in our
time, But North Carolina and Rhode
Island refused to ralify th3 constitution
and come into the new Union, and re-
mEinld without for more than year, as
separate apd Independent. soveTeignties-
/ and might have so remained 20 this, cur
day. Besides, New York, Virginia and
| Rhode Island, expressly annexed TO their
yatifcations the condition that they Gre
served to themselves the right to reas-
| sumo the powers delegated whenever they
should be perverted to the injury of the
/ people" Now as to the rights Of the
| S.a,es as defined by The Supreme Court
of the United States:
/ The several States which composed the
| Union, so far at lesst as REGARDED theiI
municipal regulations, became entitled,
from The time when they declared them,
! selves Independent, TO all the rights and
powers of sovereign States, and did moi
derive them from concessions of the Brit
lisl King. The treaty of peace contains
& Tecocriuou of The independence of these
States, not grant of it. Hence the law!
Of the several State governments passed
after the dec aration of Independence Vert
the laws of the sovereign States, and a
such were obligatory on the people o
each STATE. (Supreme Court, 1903, Nc
Ilvaine vs. Coke, Cranch, 209, Third
Circuit, n. j., 1880, Bennett vs.. B1ggs
Baldwin, CO.,
Prior to the adoption Of The Confedera
! tian, the several States were considered
separate ard independent governments
! (Warrcn Manufacturing Co. vs.. K'na In
suiarCc Co., Paine, SOL
For al national purposes embraced By
the Federal Constitution, the States anC
the citizens thereof are one, united under
the same sovereign authority, and gov
eTned by the same laws; IN oil other re
specls the States are necessarily foreign
aud Independent Of each other. Duck
nCr VS.. Finley, Peters, 500, Washington