Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-08-07
WEDNESDAY :. AUGUST Z. 1889.


o,oTtng o. have been written, hy Cmol-
@justice MAgsuAlL; and as the Tribune
sehed upon It not os al argument but as
authority We let u pass without comment.
i; rs not too late however, 90 indulge IL
e0mc comments. and these comments We
would like ~ see reproduced m the Tribune
The letter was published IS coming from
aho autograph collection Of Air G. +.
GuNruEE Ii was addressed 10 tho Chief
Justices kusmau. HuNTeEY MAEsHAL.
Trankord. Ky. ot date Nav r. 1888.
Il II hard So believe that this letter thus
commended Tor acceptance is Il forgery,
aui there are upon the face Of 10 many rea-
sOne which justify us IL hesiLa1iug TO &C
-cept Il rs genuine.
Judge MAGWALL is made 60 Say m TINS
letter Treaties made toy Congress have
been considered as binding al the States. %
i is a pretty strong tax upon the ere
dulity OF the people of Virginia 10 be
eieyc that Judge MARSHAL ever was gully
of the bluuder IF attrihuting the treaty
smaknc power o. Congress
Again: Judge NAGsHAiA Is made 70 say
"Tnc Declaration OF Independence was
made 10y common government and was
made for al the States"
No man knew better than Judge MAI
SMALL shat III July me there was no COM
anon government for our colonies. The ar
ricies Of confederation were not adopted
10y the Continental Congress until NoVem-
her Is. 1777. and then only as recommends
tory to their constituent States. They
were not signed until the 9Th of July,
ans, aud then only boy delegates from such
tStstes ~ had gwen special authority, and
She State o. Maryland withheld such al
fhori'y until March. l7sl.
The Continental Congress winch IL July.
a77G adopted the Declaration Ol hide
pendenoe was O body Of delegates from the
several colonies. conieSsediy without any
power 90 b,ud any dissenting COLONY. The
delegates werc appointed Tor the time being
lt the colonial legislatures subject to re-
call az any moment. Their expenses and
compensation were paid los their own colo
MES and they mad no powers except such
"a we're conferred upon them 10y the colo
anal legislatures.
The Declaration was not UNANIMOUSLY
adopted 10y Congress. SOME Of its mem
hers. among them couspicuously ions
Dickinson % Delaware. protested against
ii. But majority Of the delegates Of
each colony assonted 60 II OF the 4th Of
July. l77G. and on the 18th of july thereafter
81 was Resolved, That the Declaration
"passod ou the 4th be fairly engrOssed on
sparchmeni with the title and styleof THE
UNANIMOUS DECLARATION or THE
"THIRTEEN UNITED STATES OF
AMERICA and that tue same when ell
'grussed be- signed 10y every member
"of Congress"
Judge MARsHAIL was Il Nlrclnluu. and he
was familiar with the fact that Oh the 18th Of
june. 177G. ms own State had adopted her
Jill of Rights as the basis aud foundation of
Government. and on the 2stb of June. 1776.
had adopted her Constitution and fully or
ganilod Der State government 10y Tie alec
ton % PATEicE HENEY a. the FIRST Cover
nor OF the independent and sovereign COM
monwoaitb OF Virginia. That BIZ of Rights
and that Constitution. with the dates o.
their adoption. stood upon the forefront
Of the Revised Code Of 1919, pages 81 and
80. 10 the hands of every justice of the
peace and tyro III tue law throughout the
State Of Virginia when tins letter purpor Is
t. have been written.
Again Judge Marshall is made 70 say
"Nou have brought into view numerous
historical facts whlcu IN my Judgment
remove the foundations on winch the
nuliihcrs aud secedcrs have erected That
supesiructuro which oversAadows our
Uniou You have. think, shown salts
iactorly that We have never been per
"fectiy disluci independent societies
"soyerelgu IN the sense ~ Which the
nunIhers used the term"
This pprports 10 have been written 10y Il
Nirginiau &C. q keutuckiau. aud the I'VE q"
must have been Intended 10 embrace Lot
only the new States but Che original thur
teen. No nulhher ever pretended that
Kentucky had Oeeu al indedendcnt and
sovereign State. She vas part and parcel
Of Virginia until 10y the assent of Virginia
Bho was admitted INTO the Union by Con
..ress. Bat when admitted she was recos-
nzod a. the peer of any aud al 'he old
States. She WAS elevated 60 Gle dignity
aud right ~ The old thirteen. they We're
certainly NOT degraded 10y her Admission
into the Union.
The only iutelhgible construction Of tins
imputel declaration of Judge MARSHALL Is
that tae OfEu4. Thirteen had never been
independent and sovereign States. and
that the numerous Important historical
facts brought into view by his Kentucky
linsman had made thus apparent. Now We
d. not know what those Important his
torical facts were but Ne do know the only
historical lects which could TOO necessary
- determine whether the old Thirteen
were ever independent and sovereign
States.
There IL no need Tor facts except as 10
three natter
lss The clam Of the colonies when they
sepudissed allegiance toGreat s5ritaiu.
I'd. The recognition among themselves
O. the status of tbs respective States.
Sd. The feilnQushmeIh u The claim Of
allegiance by Great Britain.
Nov. as - the first Nirginia II the
adoption Of her Bib Of Rights June u,
i71o. certainly claimed the exclusive and
sovereign sighs Of her people 70 control
their own dsest'nies, and asserted that
right June ~, 177e. IN toe adoption Of her
Constitution aud fun organization Of her
State government.
Nov a. % The second
The clam and assertion o. rights was
fully and distincily recognized by al Of her
sister States in the articles u oonfeder.-
ton.
The Gret Of these articles reads:
" The style Of this oossfwlsaey shall be
The United states ~ America
The second article reads.
{" Zach state ranas Ms sovereignty, free
6oa, aud independents and every power.
5pgiaaieti0u. aud right which is not by tltis
confederation expressly delegated 70 the
United STATES ia Congress assembled"
The third srEarle reads:
The said States hereby severally enter
into trm ssggs u Friendship WITH each
other Tor their oonkaop defence, the seen.
sify 81 their liberties. aud tAex mutnM