Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1886-07-14

in the Union each upon an equal footing
with the original States, parties with them
to the constitutional compact.
In the case of a partnership between per-
sons for business purposes, it is a familiar
principle of law, that its existence and con-
tinuance are purely voluntary matter on
the part of its members, and that mem
ber may at any time withdraw from and
dissolve the partnership at his pleasure;
and it makes no difference in the applica-
ton of this principle if the partnership, BY
its terms, be for fixed time or perpetual
it not being considered by the law sound
policy to hold men together in business as
sociations against their will.
Now if partnership between persons is
purely voluntary and subject to the will OF
its members severally, how much more SO is
one between sovereign states; and it follows
that, lust as each State separately in the
exercise of its sovereign will entered the
Union, so may it separately in the exercise
of that will withdraw therefrom.
And, further, the Constitution being a,
compact, to which the States are parties.
sshaying no common judge" "each party
has an equal right to judge for itself, as
well of infractions as of the mode and meas
ure of redress" as declared by Mr.. Madi-
son. in the celebrated resolutions of SO,
and the right of secession irresistibly fol-
lows.
But aside from the doctrine either of
partnership or compact, upon the ground
of State State sovereignty, pure and simple,
does the right of State secession impreg-
nably rest. Sovereignty, as defined by
political commentators is 'the right of
commanding in the last resort" And just
as State of the Union, in the exercise of
this right, 10y her ratification of the Con-
stitution delegated the powers therein given
to the Federal government, and acceded
to the Union. 30 may she in the exercise of
the same right, by repeating that rati6ca-
ton, withdraw tho delegated powers, and
secede from the Union.
The act of ratification by the State is the
law which makes the Union for it, and the
act of repeal of that ratification is the law
which dissolves it.
Itappears then from this view Of the ofi-
gin and character of the American Union,
that when the Southern States, deeming
the constitutional compact broken, and
their own safety and happiness in imminent
danger in the Union, withdrew therefrom
and organized their new Confederacy, they
but asserted in the language of Mr.. Davis,
''the rights of their sires, won in tho war of
the revolution, the State sovereignty, free
dom and independence which were left to
us as an inheritance to their posterity for
ever" and it was in defence of this high
and sacred cause that the Confederate SOL
diers sacrificed their lives.
There was no need for war. The action
of the Southern States was legal and con-
stitutional, and history will attest that it
was reluctantly taken in the last extremity,
in the hope of thereby saving their whole
constitutional rights and liberties from des-
truction by Northern aggression, which had
just eliminated in triumph at the presiden-
tial election, by the union OF the North as
section against the South. But the North,
left in possession of the old government OF
the Union, flushed with power, and angry
lest it's destined prey should escape, found
a ready pretext for war.
Immediately upon secession, by force Of
the act itself, the jurisdiction of the seeding
States respectively, over the forts, arsepalst.
and dockyards within their limits, which
they had before ceded to the Federal gov
ernment for federal purposes, reverted to
and reinvested in them respectively. They
were of course entitled to immediate re-
possession of these places, essential to their
defence in the exercise of their reassumed
powers of war and peace, leaving all ques-
tions of mere property value apart for sep
arate adjustment.
In most cases the seeding States repos
sessed themselves of these places without
difficulty; but in some the forces of the
United States still kept possession. Among
these last was Fort Sumter, in the harbor
of Charleston, South Carolina. South Car
olina in vain demanded the peaceable pos
II ~ of, ,rin OF fbnc q
time to arrange for the value of the same as
property, and sent commissioners to Wash
ington, to treat with the Federal govern
ment for the same, as we'll as for the rec
ognition of her independence. But all her
attempts to treat were repulsed or evaded,
as likewise were those subsequently made
by the Confederate government.
Of course the Confederacy could not con-
tinue to allow a foreign power to hold pos
session of fortress dominating the harbor
of her chief Atlantic seaport; and the Fed
eral government having sent powerful ex-
pedltion with reinforcements for Fort Sum-
ter, the Confederate government at last pro-
ceeded to reduce it.
The reduction, however, was a bloodless
affair; while the captured garrison received
all the honors of war, and were at once sent
North, with every attention to their COM
fort, and without even their parole being
taken.
But forthwith President Lincoln at Wash
ington issued his call for militia to coerce
the seeding States; the cry rang all over the
North that the flag had been fired upon; and
amidst the tempest of passion which that
cry everywhere raised, the Northern militia
with alacrity, the South was in
vaded, and war of subjugation, destined
to be the most gigantic which the world
has ever seen, was begun by the Federal
government against the seeding States, in
complete and amazing disregard Of the
foundation principle of its own existence,
as affirmed in the Declaration of Indepen-
dence, that governments derive their just
powers from the consent of the governed"
and as established by the war of the revo-
lation for the people of the States respec-
lively.
The South accepted the contest thus
forced upon her with the eager and resolute
courage Characteristic Of her proud-spirited
people. But the Federal government
though weak in right, was strong in power;
for it was sustained by the mighty and
multltudinous North.
In effect the war became one between
represented by the Federal government, up
on the one side; and the Southern States,
represented by the Confederate govern
ment, upon the other-the border Southern
States being divided.
The odds in numbers and means in favor
of the North were tremendous. Her white
population of nearly twenty millions, was
four-fold that of the strictly Confederate
territory; and from the border Southern
States and communities of Missouri, Ken
lucky, East Tennessee, West Virginia,
Maryland and Delaware, she got more men
and supplies for her armies than the Con-
federacy got for hers.
Kentucky alone furnished as many men to
the Northern armies as Massachusetts,. In
available money and credit the advantage
of the North was vastly greater than in
population, and it included the possession
of all the chief centres of banking and COM
merce. Then she had the possession OF the
old government, its capital, its army and
navy, and mostly, it's arsenals, deck yards,
and workshops, with all their supplies OF
arms and ordnance and military and naval