The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-12-20
ELEMENTS OF THE STATE SOW
EREIGNTY IN THE ORGANIC
LAW

Although the civil was has rendered
secession a dead issue, our governmental
system continually demonstrates the fact
that the principles urged as the basis OF
that right are Indispensable.
1t was conceded by Webster and Story
that il the Constitution was formed by
the States in a sovereign capacity, the
right to secede necessarily followed. But
these consolidationists maintained that
the Constitution was formed by the
people of the United States" and not
by the States, and urged that this was
conclusively proved by the preamble to
the Constitution-beg "We, the
people Of the United States" etc.
History does not justify their position,
and without adyerting to facts which con-
clusiyely prove its fallacy. it is sufficient
uly to state that there is practically no
s. n thing as vote Of 1.-The people o.
the United States" in the aggregate. A
majority of the popular vote does not
necessarily elect a President, an mo
officer or department of the general gov
eminent formed by the Constitution, de-
rives authority from a majority OF the
whole people of the United States, or
has ever been chosen by such majority"
"Since the assertion of their independ-
eUtH. the people Oh the OuIteu STATES
have never acted otherwise than as the
people Of each State severally and separ-
ately."
Secession was based upon the principle
that the government was the agent of the
State made by them for the conven-
fence, and necessarily held the tenure of
it's life at sufferance." This was CON
troyerted by Northern expounders of the
Constitution, who contended that even
If the States were ever sovereign in the
true sense of the term, their sovereignty
was surrendered upon adopting the Con-
stitution, and that our government con-
stituted consolidated nation. Some ex-
tremist of this school. has absurdly COM
pared it to the Mississippi river, which,
upon the absorption of it's tributaries, is
recognized only as one mighty force. But
the powers of.logic have not been spared
in attacking the principles of State
sovereignty; all the fallacious and ingen-
iouS arguments known TO human reason
have been directed against them. And
yet they will continue, while the govern
ment ordained by the Constitution stands,
as immutable as the tenents of the moral
law: for, in the words of Alexander
Hamilton "a strong Federalism, 1.-THE
States can never lose their powers till
the people Of America are robbed OF
their liberties
The impossibility but not the right OF
secession was settled by the war 1t is
probably best that it was renederd inn
possible-certainly according to- the 'opti-
mistic view, that whatever is, is best"
This principle, however, which recognizes
the State as the political unit, will not be
discarded by a competent and unbiased
analyst of our government. It's legisla-
tive powers are entirely dependent upon
it. The Supreme court of the United
States have held that IF all the States
or a majority of them refuse to elect
Senators, the legislative powers OF the
Union will be suspended" (Cohens VS..
Virginia 6, Wheaton, star p. 1907
1t is also significant fact in support
Of the principle recognizing the State
as the political unit, that before the
adoption Of the fourteenth amendment to
the Constitution in 1868, there was no
such thing as being a citizen of the Uni
ted States, except as a citizen of one
Of the States or Territories. Congress
had power TO make uniform rules of
naturalization, which entitled foreigner
to become n citizen Of some State or
Territory. Under the~od confederation
it was discretionary with the States to
make such laws for the naturalization OF
foreigners as each for itself deemed ex-
pedient The manifest Inconvenience
and confusion arising from this rule were
cured by the new union and the power
was delegated to Congress to provide
for the naturalization Of foreigners by
adopting uniform rules and conditions to
that end But before the adoption Of the
fourteenth amendment no such thing as
general citizenship, apart from citizen
ship of some State or Territory, existed
under this provision of the Constitution.
Upon the foregoing premises, Mr.. Ste
yens bases his argument OF State allie
glance as the paramount duty He SAYS
in part: ''lhe exercise OF supreme law