Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-07-12
For the Inquirer.
The Union VS.. State Sovereignty.

heresy of State Sovereignty. This doctrine
long opposed by both Wbigs and Democrats,
has lately been generally advocated through
out the South, aud Secession, with its attend
ant train of evils, is its legitimate offspring
10 show that the States are not sovereign, and
that the Government of the United States has
the right TO enforce its laws against States 10
rebellion as well as individuals, we will de-
monstrate the following propositions
/. No State erer eTeYcised soUerelgR potUerS.
Prior to the Declaration of Independence, the
Colonies we're really and legally dependencies
of Great Britisn. The State governments
which they formed prior to July 4th, l776,
we're formed BY the recommendation OF the Con-
tinental Congress-. "The Declaration of In
dependence," says Judge Story, "was .he act
of the tchote people of the Colonies The
act was not competent to the State govern :
ments. 1t was the achievement of the whole
for the benefit of the whole. The people of
she united colonies made the United Colonies
free and independent States, and absolved them
from allegiance to the British crown
Mark BY this act the people of the colonies
az individuals and not as Stafes, acquired the
sovereignty which Great Britian bad previ-
0usly exercised over them.
ln confirmation of the above views, we
quote the following from speech delivered by
distinguished statesman of South Carolina,
IN the Legislature of that State, JAN, 1888,
respecting :he propriety of calling conven-
ton of the people to ratify the constitution of
the United States:
'tThe Declaration of Independence itself
sufficiently refutes the doctrine of tie individ-
ual sovereignty of the States. 10 that Decla>
ton the several States are not even enumera-
ted; but after reeiting, in nervous language,
and With convincing arguments Jour right to In
dependence, and the tyranny which compelled
ns TO assert it, the Declaration is made in the
following words: we, therefore, the repre-
sentstives of the United States, &c., do, n The
name, &C., of the good people of these colonies,
solemnly publish, &C., that these United Col
onles are, and of right ought to be, free and
independent States. The seperate indepen-
denee and fndavaduai sovereignty Of the sever
oil States susre nsOeT thought Of by the enlight-
ened baud of patriots who framed this Decla>
ration The several States are not even
mentioned By name in any part, as If 1T uere
ATTENDED to impress the maxim on America,
that our freedom and independence arose FROM
our Union, and that without it.. we could New
ER be free OR independent. Let US then con-
slider all attempts 70 WEAKEN this union, by
maintaining that each state Is separately and IN
dtudiuatty independent,as species of political
heresy, Which can never benefit US, BUT MAY
BRING ON US, tie MOST SERIOUS DIsTREssEs.''
How prophetic is this language. And how
keenly does this voice of the patriots, grave
rebuke the degenerate sons Of South Cardinal
2. The people By forming and rqtitying the
Constitution Of the United States, conferred
upon the general goVernment every power of
nationat character, LeaUing to the STATES, hoac-
eUer, the regulation Of their internal police
but, Gtthe same time, declaring that all taucs
contrary to those Of the union should be null
and Uold.
From the Minutes of the Convention which
formed the Constitution We derive the following
facts.
The Convention proceeded to pass a series
of Resolutions expressive of what they thought
national government ought to be. Mr. Edm.
Randolph, Of Va, had offered series of Res
olutions, upon whlch the Convention resolved
themselves into a committee Of the whole.
The first resolution passed, was offered BY
Mr.. Butler, of S. o., and seconded by Mr.. |
Randolph of Va, as follows:
1. ReSotved, That it is the opinion Of this |
committe that national government ought
to be established, consisting of SUPREME
Legislature, Judiciary, and executive"
Mass, Penua., Del, Va, N. q, s. G. vo-
ted for it. Ct.against 1t.
g. Resolved, That the national legislature |
onght to be empowered to enjoy the legislative |
rights vested in Congress by the confederation;
and moreover 10 legislate 10 all cases to which |
the seperate states are incompetent, or in |
which the harmony of the United States may
De interrupted by the exercise of indiy dual |
Legislation, to negative all laws passed by the |
seVeral states, oontrayening, in the opinion |
of the national legislature, the articles of
Union, or any treaties subsistiDg under be au-
thority of the union.
These resolutions, with others, we're report-
ed to the house by the committee of the whole. |
The 6rst resolution was passed unanimously, |
The 9th after being committed, amended, &C., |
.~as changed aud passed unanimously in the ss |
s6rmatiVe, as follows:
Res0Lved, That the legislative acts of the /
United States, made By virtue, and ia pursu-
ance Of the articles of union, and all treaties /
made and ratified under the authority of the /
U. 3, shall be the supreme law of the respec-
tive states, as far those acts or treaties, shall
relate to the said states, or their citizens or
inhabitants and that the jndlciaries of the
several states shall be bound thereby in their
decisions, anything 10 the respective laws Of
the individual states TO the contrary notwith>
standing.
These resolutions together with q others in har-
mony Herewith, were referred to a committee
Of i've, viz; Mr.. RutedgC, of S. c., Mr.. Randolph,
OF OF va, Mr.. Gorham, OF Mass, Judge Ellsworth OF
", and Mr.. wilson, OF Pa, from which the con-
Stitution Of the U. s. was reported.
The committee reported this as the With art. /