The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-06-10
ABOUT STATE SOVEREIGNTY.
An Able Review of a Mastery
Argument.
COL, J. P. THOMAS REVIEWS.
A Speech Made by DIR. s. S. Laws
Fifteen Years Ago--Worthy or the
Deepest Study.

In 1882 DIR. S. S. Laws, of Columbia,
was president of the State University
of Missouri, at Columbia, Mo.
On May 10, 1882, he delivered before
the Missouri Press association what L
consider remarkable speech. l am
not surprised to find from the contem-
roraneous comments that it produced a
political sensation in the State of Mis-
souri,. It is called Sovereignty, as
realized in our American system OF
government.
II will be found upon examination to
be learned, bold, original exposition
of that question of questions with us
In the political world-State sovereign
ity.
The Secretary of State, acting for the
historical commission recently obtained
from DR.. Laws a copy of this address
and placed it among the records OF the
Secretary of States Office. l have been
permitted to inspect the address and
have been invited to call public atten,
ton thereto. 1t is a matter OF regret
that a paper so valuable is in newsps-
DER form. Some method should be de-
yised to put it in pamphlet form so that
it might be distributed for the instruc-
tion Of the public and at the same time
be more conveniently read and stud
led. :,
With these preliminary remarks, l
proceed to make brief analysis OF the
views of DIR. Laws upon the subject OF
sovereignty in general and then of its
application to our American system OF
government.
Starting out with the proposition that
eli government implies sovereignty
DIR. Laws first considers the Identified
ton and location of sovereignty, and
thus of necessity goes down to what he
calls the bed rock of fundamental and
universal principles.
Inasmuch as our system OF general
government IS union OF States, ne
logically and Of necessity inquiries, hrst
of all, as to the true nature OF State.
second as to the nature OF that union OF
States formulated in REORGANIZATION
of the United States of America.
4. The doctor asked what IS State !?
He answers it is an organized sovereign
political society. Defining next the
origin of society and its function and
showing how political" qualities soel-
ety and imports the purpose OF assocla-
ton. he concludes that as to sovereignty
in this connection it is that which by its
sindwelling in any political society con-
sstitutes that society State. 'oover-
eignty," he AYERS, ''is to the State as
the sou, is to the body.
y DR.. Laws is clear and his statement
sexplicitas to what constitutes State: "
He goes far deeper down than Sir VIII
liam Jones in his famous lines. 1t Is not
ssmen, high-minded men, men who
know their rights, and knowing dare
maintain"-aot this only. This may do
for poetry and defamation. Sut tl'e
philosophy of the subject is deeper
snd - more comprehensive and
more accurate. DR.. Laws well
saws that sovereignty is "the attri-
butte which differentiates political So
ciety as States from other political So
cieties, which, from lack of it, are by
common consent and treatment not
States" "All States are political So
eieties, but all political societies are
not States. TO illustrate his meaning,
he suggest that Canada, for instance,
and Algiers, and Liberia and Cuba,
being subject, respectively, to England,
France, Russia and Spain, are not
States, because of the absence Of SOW
tereignty. The doctors idea is that to
make mere political community
State, there must be breathed into the
community the soul of sovereignty.
Thus he is led here to give his concep-
tion of the genisis Of State sovereignty
IN this 'sindestructible union of imper-
Rishable States" / quote the learned
doctors exact words in this important
declaration. He says: ''The thirteen
American colonies, before the declara-
! ton of 177e, were distinct political COM
munities, possessing language, relig-
I ion. literature and traditions, interests
and blood in common; while politi.
cally independent of each other, they
were all alike dependent on the crown.
Hence none Of them were States, be-
cause they were not themselves soyer-
eign but subject to England. The
severance of that bond of subordina-
ton invested each colony with the dlf-
ferentiatiye attribute of sovereignty.
The dormant spark of sovereignty in
the bosom of each was at once kindled,
and thirteen sovereign States sprang
into active being"
DR.. Laws thus argues that In every
political community there are the germs
of sovereignty, which, through the ac-
tion of the community, and in the e1er-
else of God-given rights, may yield the
towering and the fruitage of State SOW
ereignty. Surely, this is thought at
once high and philosophical and funda-
mental.
- Having shown the distinction be-
tween de facto and de jure sovereignty,
and how though the power Of sover-
eighty is simple, yet its functions are
complex, the acute speaker, in his
scientific method of treating his sub
iect next discusses the locus of sover-
eighty in the State. This he shows to
be an important question, since in every
Z organized State there are two entirely
: distinct parts, viz: The people constr
. ,tuting the society and the government.
Referring to the fallacious theory oi
such men as Hobbies. Bentham and
Others that sovereignty has its seat In
+, n ! -.~1.--onS n 81 anrx, ba16 hu rnon-