Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-28
what RIGHTS Virginia Reserved.

What Rights Virginia Reserved.
Itis surprising that 50 many northern peo-
PIE should be Incapable OF understanding
that in seeding from the Cnion IN 1861
VitsinIa simply exercised a right which IN
raiifyng the Federal Contribution she hsd
reserved to herself. As we have said before
We discuss this question not because II Is =
trsctlcal one, nor because the doctrine IN
der consideration survived the WAT but In
order that future generations may not be
pisled as TO The nsturc OF the war between
Sbs states.
We recently quoted from the ordinance
adopted by New York inJatiiying the Fed
eral Constitution the following reservation;
"The powers Of government may DO r.
oSsunfd nv The people whatsoever II shall
become necessary to their happiness
We commented as follows;
oDid the people Of New York mean that
The mowers OF government could he 'TeGs>
sttnled bg them whenever It should become
necessary 10 the happiness 0f the people OF
the other States7 To state such PROPOSE
ton ~ 10 expose its absurdily. The New
York people meant Just what the virginia
meant-io assert the right 10 secede from
abe Union"
The Chicago Tribune quotes our p'rs-
graph and bases upon it the following argu-
anent, II argument II may be called:
"Tbe Federal Government has powers
which the States never had or pretended 10
hsye-powers which were not delegated 10y
fhdm. and which therefore they could not pos
sibly 'IeassuIne.' No state bad power 10 make
any law 'the supreme law Of the isnd' and
binding on all the states. No state couid
establish = supreme Court or congress
with a power cO-exiensiVc With the nation.
No state could have provided Chief Mag.
istrate for the entire country. No state
could establish p new state and invest II
with the character Of Commonwealth.
no State could levy an American tax, de-
clare On American war, or raise an AmeIl'
can army. The authority OF the several
colonies was restricted absolutely 10 their
territorial limits, and The power winch e.
tablisbed a NatiOnsl Government with sus
irene auiho -i'y throughout the Union ana
over all the States, Territories, and public
domain wss one they never bad, could
not delegate, or possibly 'reassume.'
Does the Tribune consider that sort OF talk
AN argument TO be answered Let us see.
The Federal Government bss no powers
which were rot granted TO 1t by The States.
IL Virginia had decided to remain outside OF
ahe Union. she would hsye continued to pos
tess. a. she possessed before she entered The
Union, every one Of the powers which the
Tribune refers 10. The Declaration OF lnde-
penden.e settles this question. IL asserts
this right for the several states. We quote
that document az follows:
GAS free and independent states they
have full power t. levy war, conclude peace,
contract alliances. establish commerce, ana
do all other acts and things which lnue-
pendent States may OF right do.'
Each one OF these "independent state"
had The same right 10 remain outside Of the
Union which Virginia bad. Beeollect that
the Declaration Of Independence was pro-
anulzsted ia 1875, and that the United States
Government was not formed till 1889. In
entering the Unien, each "independent
Stste" surrendered the rights granted to the
Federal Government by the Federal Consc-
tuition. OF course no State had the power to
establish Supreme Court for sl the states,
but each State had tho right TO establish
Supreme Court Of its Own-that Is. court
over which no other court bad jurisdiction,
and from whose decisions there was no APP
zeal; and 1t was this right that Virginia sur
rendered 10 the Union. She made her high
est court inferior to the supreme Court OF
the United States. But she reserved the
right TO resume the power Of establishing
court Of last resort-that is, Of course, after
seeding from the Union. 80 as TO all
the other Sistes. OF course no ope state
could establish a Congress with power
"co-extensiye whh the nation" There
was no ration then. No state ever
claimed that right; but Virginia did
reserve the right TO resume the powers
fhe bad delegated TO the General Government
and 10 have q Congress or Legislature Of her
own with power co-sxtenstve With her own
territorial limits. To say that Virginia could
not raise an American army, &c, &C., Is not
pertinent to the question at issue. she never
claimed that right. But she did clam the
Iieht TO ''lsyy war, conclude peace. contract
alliances" &C., &C., and OF consequence TO
Taise Virgins army. All these rights she
surrendered when she went into the Union,
Tut upon the express condition that she
whenever they should be perverted TO her
SnjuTy-she, Of course, being the sole Judge.
North Csrollna did not enter the Union
until November 81. 1883, sud Rhode Island
dld not enter It until May, i79J. But the
Federal Goyernneut went INTO operation
LAY %, 1883. Was not Rhode Island from
May 30, 1883. tn MAY. 1890, free aud Inde-
pendent State with all the powers that he
long to England or any other country? II
she had conditioned her accession 10 the
Union upon the terms stated by Virginia,
wouldn't she have reserved the right to Sc
csdes Yes, she had ,he rights to levy war. to
establish a courtOi last resort, to contract a.
IsDces. g., &C.. and these It was that she
turrcndered % the Union. Virginia sur
rendered the same rights, but upon condi-
tion that she should have The right 10 resume
those powers 81 will.
The facts cannot be explained away.