New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-28
THE RIGHTS or STATES.
Az OPINION ny SOLICITOR RAYNER WHICH Is SAID
TO ASSERT AN OLD DOCTRINE.

TO ASSERT AN OLD DOCTRINE.
WASHINGTON, June 27.-Mr. Rayner, Solicit
tor for the Treasury has rendered an opinion on acase
which came before him recently which is claimed to as
scrt the doctrine Of State rights.
II appears that at the close OF the war, 1000 was
loft IN the Exchange Bank Of Virginia at Richmond be-
longing 70 the State Government OF Virginia Out OF
this money $500 was paid to Henry w. Thomas, the
Second Auditor OF the State, under State law which
permted the Governor TO draw drafts upon II to pay
salaries etc The following extracts from the opinion
give its general drift
GA the Sd Of March, 1877 suit was instituted against
,,d Thomas by the United states District Attorney IN
the Circuit for the Eastern District OF virginia III
action Of assumpsit to recover from s1 su ihg }
said $780, paid 20 him by AnditOr benhgtt as a.Ie-
said This suit, understand It, - brought upon the
oyernment the United States, the lawful successor
and political heir OF the extinct COnte9eraey became
entitled the gold which the state OF virginia hau III
Tie exchange Bank-that Governor Smith aud Auditor
Bennett had rgntiu authority TO interfere Win H. u
having passed the Unod states by right OF conquest
according to international law. IT.. ,, .,, 49,.
cannot concur I'm any such conclusion. and am sur
H,SbtA%biisf ,luly appreciate the conscientious
yietons OF duty by which the DistrictAttorney was
B the principles OF international law as LAID down by
the pubiicsts, who are regarded as authOrltles,
Of any kInd-except oOntraband Of war-was for
fcited to the United States by the rets Of the war
The United States, neither by Act OF Congress
nor by military proclamation, ever made gold coin con-
raband This gold had not been seized as booty 1y IDe
limited states military forces, jure Oel nor had II ever
been conscated by legal process TO the United states
Ircady admit that ON the overthrow ana eStnet'V t
Of the COnederacy," all the property belonging 10
the latter of every kind aud description 10 matter
where be found became vested IN the VniteG saS
gagged IN war with the United states consequently ~
was the property OF the ConieGTrate states Io was
urged ntmation OF IT, that this gold OF Wnieh
5000 paid 70 the applicant Ih2nSs Was tfe
belonged TO the of Virginia On what ground can
~ Wirina became forfeit 10 the United States by the
surrender and death OF the Confederate staJesI VT
war with tue United states II no Confederate
states Government had been formed ana eacn Oh the
seeding states had carried on war as an h9epenuo'
soyereignty-hen in OF the conquest and suDms,
sion OF each, all It's public properly S wouu
Rnt a. Virginia as a State was not at
war with the United states, the rights attaching
10 conquest not apply to that state wiz II De con
tended that Virginia as state was at war win the
United states because her people were hostile ana con
trbuted largely 10 recruiting the CohIederate army ~
So then the counties OF the state may be said to nave
been at war with the United states me sae T1s 'o
fact all the counties, municipalities ana corporations
OF the state gave ala and comfort 70 th9 4 T
The Constitution Of the Unlon lr0U when NlIsiHa
seceded and the Constitution Of the COnfederacy 70
which she attached herself Tornado 70 het .ne
maintain army make war ana 70 ualtal anu 100. oAe!
else any international relations or powers WhdteVer'
defined by pubcsts that are regarded as authority a
piled TO the state Government slther whsh IN INC
would be understood ignoring or depreeiatng the
power and efficacy OF the rights OF the States, for
i
any Kindred political heresy, yet l regard" STATE
Rights as the great cornerstone OF our pOeal col
fceas the surest guarantee for that protection OF me-
liberty and property for which popular governments
are mainly instituted But It is In relation TO our 9one3
tic pOcy IL Is IN their bearing upon our INTERNAL c
municipal pOty that state rights possess and exercise
their potency. In defining ana ad)udlcathg lhterha-
tional rights duties and relations, state DOundaIlesi
state institutions. State laws, have no appucauoh DO
connection, no significance
Mr. Raynor claims that this gold owned by the State
NJ virginia partakes OF the character OF mere private
prooerty as granddaughter from property belong
ing TO sovereign nation. He cites great many Tor
eSu authorities to prove his position He continued
JudRe Hughes attempts 10 dispose OF the only real
vital question involved In this case by single para
graph AZ the close his opinion He says Inc pOWst
~ te limited States directed against the nsufgeht
Sfate Governments, even more than against helr con-
federated authorities that the war was conducted lor
the overthrow of these GOyernmentsi that the stolcal
fact OF conquest of the State Goyernmentsl cannot DC
changed or Obllterated by theOrete paraphfsses IN
sneaking of IT," had always supposed that the war
Vas waved against armed men In insurrection against
he Tn0 without regard TO State action; that The true
theoy of the war was that the state ordinance OF seee
sion amounted 20 nothing and that the true inteprea
ION al the Constitution that the laws OF the Unteu
states Government operated directly on individuals re-
9ardless OF any protection under State authority ON
rms theory only was the war IN support OF ne uthon
stiable at all Is IL In accordance with tine facts o.
Risfory that the " was CONDUCTED Tor lhe over
| throw of the State Governments ~ Hso was sVu'