, 1881-07-17
JEFF DAVIS on srArg-30VE

Jefferson Davis has revived for the moment
by his book entitled ''The Rise and Fall Of
the Confederate Government a discussion
OF the well-worn theme Of State vs.. National
Sovereignty. 1t is we'll understood by per-
sons familiar with the subject that it would
never have obtained the slightest prominence
but for the existence of human slavery III
sixteen States. State-suvereignty was need
cd as defense and bulwark for that institu-
tlon. The affirmation Of it meant i'll reality
only that the States were sovereign in all
that regarded slavery; that they had the
sovereign power to keep it at home and eX-
tend it abroad; that they could dissolve the
Union OH account Ut it If they saw fit, and
divide the National domain among therl-
selves in proportion to their numbers if the
shareholders required it.
Practically, the doctrine of State-soyereign-
ty WIS snutfed out by the Civil War. Theo-
reticaily, it has survived in the minds of
few Burrbons and in1practicable yislonaries
who were taught to believe it by their fore
fathers. There is no sense lin which States
can be truly - S oyereign" " without exclude
ing tile idea of National sovereignty. y
State may be III a limited sense an in,Dcrium
III impgrio; but if once it Is admitted to have
the power to dissolve its superior and the
source Of its authority, it is, III that nelmis-
sion, conceded to be the only true sovereign,
and the final depository of political power.
In IA very interesting article reviewing Mr..
Davis book, in late number Of the Dtul,
Mr.. William Henry Smith makes quota
tion from Daniel Webster, which goes to the
root Of the whole subject. Mr.. Webster said:
Is it not dining strange violence to language to
powers 1,rcrumcnt:' The Government Of a
Stnte is thAt organization Ill which tho political
power resides. II is tho political bc.n9 crenled
by tho Constitution Or fundamental law. The
broad and cicHr difference between Il govern
Ment and leIgue Or compact is. tlut govern
mcnt is body polite: il has Will of its own,
and it possesses powers and faculties 10 execute
its OWN purpusts- Every compact looks to some
power IT, enforce its supnalons. Even in a
always exists this ultimate reference to II p,1wcr
1n Insure its execution: although in such cuae
this power Is but the forcc of one party ngntnst
tho torcc ut another. thal Is to say. tho power
ot war. Hut II UtccTnnchL executes It's decisions
by its own supreme uutnorty. Its usc of force
in competing obcdicnce TO its own enactn,euts
Il not war; 1t cDntcmpIAtes no Opposing, party
having right OF rcsst1lcc. 1t rests on its own
power to enforce its own will; and when 1t ceascs
to posscss this power it Is no longer d govern
1ntnt.
ever provided in its organic law for its own
dissolution. This is Mr.. Webstcr's idea |
again. ia pitllicr form. \ voluntary assn
catlon Of sovereign States is not n govern |
lnent- It's compact. Il league, nh alliance. |
II its powers aredelcgated to it only for tcnl-
porary uses. it is merely the diplomatic ageut |
of Its principals. True sovereignty is not |
livisible- It cannot he found i'll one place |
o-day and in another tomorrow. The evil |
tence of 1t must be authority and the ps,wcr
o enforce its own will. 1t can take orders
'abitually from no other power OIL earth.
All the attributes Of sovereignty the United
States as a Nation dill possess and exercise
before the War Of the Rebellion. The soy-
'reignty IF the Nation was recognized by
very other Nation in the world. and no other
vas admitted to exist within tile United
states. The National Government main
aimed an army and nary, made war and peace,
oined money, issued letters-of-HlarQ,e and
eprisal, levied duties on imports, and pro-
Eibited the States from doing any of these
hlngs. These are the usual attributes of
overeignty. No government without them
an be sovereign; no government with
aem can be less than sovereign
There never was time until the slavery
uestion became ''a burning issue'' in this
ountry that National sovereignty was denied.
'ngland recognized the Revolution rs one,
1e cause OF it as one, and made war upon the
nvoltcd Co1onists in their collective capacity.
rance gave lnen and money to one cause,
OF to thirteen. The treaty Of peace was j
gned by Commissioners acting for one gov
This was Of itself sovereign act.
lie territory ceded by England was sur
to national and sovereign power.
ousiana and Florida, Texas, New Mexico.
Id California were in the course Of time
,Qulred by the Nation, and not
the States severally. The adoption / !
the National Constitution recognized
sovereignty In the General Government !
hich had previously existed in name, but I
hieh had been deficient in, the powers
hich were needed to enforce Its DEGREES. {