Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-02-13


political bands which have connected them with
another, and to assume, among the powers of the
earth, the separate and equal station to which the
laws of nature and of natures God entitle them,
a decent respect to the opinions of mankind, re
quires that they should declare the causes which
impel them to the separation.
"We hold these truths to be self-evident; that
all men created equal; that they are endowed
by their Creator with certain unalienabe rights;
that among these are lfe liberty, and the pursuit
of happiness; that to secure these rights, govern
ments are instituted among men, deriving their
just powers from the consent of the governed;
that whenever any form of government becomes /
destructive of these ends, it is the right of the
people to alter or abolish it, and to institute new
government, laying its foundation on such priDc- |
ciples, and organizing its powers in such form, as
to them shall seem most likely to effect their
safety and happiness"
l ask if there is anything more plain than this.
If the people of the Southern States say the
Government has been destructive of the ends for |
which it has been organized, whether they have
not the right to say they will Judge for themselves
and become free and independent nation among
the nations of the earth. These rights were re
cognized by the fathers, and when you ask me
whether believe them to be true, will tell you
that do. will tell you that believe the very
men who framed our Constitution so understood
it, and in proof of my position / will cite from
those men in whose souls there dwelt pure and
holy patriotism.
1t is conceded fact among sensible men that
the Federal Government derives its origin and
all the poioers it possesses from the States; from
the States it derives its organic laws. Thepowers
which belong to the Federal Government srere
delegated to it by the States, each State being a
sovereign and independent power, possessing in
itself inherent, unaiienable and indeasibie rights
and poicers. Without some of these powers hav-
ing been delegated by the States to the Federal
Government, the Federal Government would have
no existence; hence it follows that the States
the creators or principals. and the Federal Gov
ernment the creature or agent of the States, and
acting entirely under delegated powers, and claim
ing no right as inherent in itself. When ques-
ton arises between the States and Federal Gov
eminent, and no provision is made in the Consti
tuition, or in the instruments which creates or ap-
points the agent to settle the dispute, Blackstone
in his Comm, vol. /, page 2l2, says: Whenever
question arises between the society at large and
any magistrate We ted with powers originally del
egated by that society, it must be decided by the
voice of that society ITSELF there is NOT upon earth
anu other tribunal to resort to-
Again, Vattel's Laws of Nations says: every
nation that governs itself, under what form So
ever. without dependence on any foreign power,
is sovereign State. Its rights are naturally the
same as those of any other State" Again he
says: Several sovereign and independent States,
may unite themselves together by perpetual con
federacy, without ceasing to be. each individually
perfect State. They will together, constitute
federal republic; their joint deliberations viii
not impair the sovereignty of each member,
though they may, in certain respects, put some
restraint the exercise of it, in virtue of volun
tary engagements A person does cease TO be
free and independent when he is obliged to fulfil
engagements which he has voluntarily con
tracted Book /, chap. L, Vaftei
Mr.. jefferson, in the Virginia and Kentuck,
resolution, says: "The several States composing
the United States of America are not united OF
} the principles of unlimited submission 10 thei
General Government; they constituted Genera
Government for special purposes, and delegated I,
that government certain definite powers; that thi
f General Government, created by this compact
Constitution was not made the exclusive or fina
judge of the extent of the powers delegated t
itself; that as in all other cases of compact anon,
: parties having no common Judge, each party ha
an equal right to judge for itself, well of in
e fractions as of the mode and measures of re
dress"
t Mr. Madison says: THAT where resort can b
had to no tribunal superior or authority of tn
parties the parties themselves must be the right
e ful judges in the last resort, whether the bargain
l made has been pursued or violated. The Consti
. tuition of the United States was formed by tn
sanction of the States, giren By each in its sorer
eign capacity The States, then, being the partie
ereign capacity, ii follows of necessity, that ther
can be no tribunal, above their authority, TO de
eide, in the last resort whether the compact mad
e by them be violated; they must themselves decid
in the last resort" etc.
{ In the case of Charles River Bridge rs. War
rem Bridge, etc., ii Peters, s. c. R., page 42C
; etc., the court says: Public grants are to be con
strued strictly" In grants by the public, nothin
a passes by Implication. 'The court cannot des
( thus with the rights reserved TO the States and
legal intendments and mere technical reasonin
$ take away from them any portion of that powe
e over their own internal police and improvements.
D In the case of Pollard ct al. rs. Hagan ef ai..
r. Howard, before referred to, the same court say
s ''Ths is the first time we have been called upo
y to draw line that separates the sovereignty an
o jurisdiction of the government of the Union. an
n the State governments" "The United State
# never held any municipal sovereignty, jurisdic
ton or right of soil in to the territory to wbic
f Alabama or any of the new States were forn.,d
except for temporary purposes, and to execute tn
L trusts created" etc "If an express stipula
e ton had been inserted in the agreement grantin
!. the municipal right of sovereignty and eminen
n domain to the United States, such stipulation
: would have been void and imperative, becaus
|. the United States have no constitutional capacit
exercise U
J. eminent domain within the limits of State 0
:. elsewhere" etc. Eminent domain, as is we
J. known, means this: "The inherent sovereig
e power of a State, which gives to the Legislator
the control of private property for public uses.
a 2 Kent Com, 339 ssThe ultimate right of III
sovereign power to appropriate, not only the put
It lie property, but the private property Of all cit
g zens within the territorial sovereignty, TO publ
q purposes. Story j. IL, Peters X. 420 404, et'
: With all these lights, we fail to perceive tn
It first ray of sovereignty, any inherent right Q
:. government, or eminent domain, in the Feders
}, Government-iti is but the creature of the State.
Q truly
Article FIVE of the Constitution requires that be
y fore the Constitution shall or can be amended
that fico thirds of both Houses shall deem it nece,
n sary, or il can be amended on application of th
e Legislatures of "two-thrds of the several States,
d by calling conventions. After this is done, an
l. before the amendments are perfected, the amend
a ments must be ratified by three fourths of tn
e several States, or by conventions in three fourth
II of the States; provided, mo State, without II
N consent shall be deprived of its equal suffrage
h the Senate" Can the sovereignty and indepeI
e dence of each State be more explicitly admitte
d and recognized? Here is no power given TO tl
Is Federal Government to "force, coerce" any Stat
% to ratify or accept Of the amendment; nor can
N State without its (the States) consent, be d,
i requires majority of the electoral college I
n elect President. Suppose such States whic
% would control this majority, refused to vote for
t. President, &C., or to elect Senators Represei
,r tatves, where is the Federal Government in sue
4. an event? Who can force or coerce" the State
'e to elect, Act At every step we take we can n,
D. fail TO recognize and to admit the independent
IF and distinct sovereignty of each of the State
N and that the Federal Government is but the cres
ture and agent Of the State and that it exists onl
rs by the sufferance of the States.
As to coercing State, Mr. Ellsworth sait
q 'sHence we see how necessary for the Union Is
N coerrve principle. No man preteDds the cor
ir trary; we all see ard feel this necessity. Tl
er only question is, shall it be coercion of law
j. coercion of arms? There is no other possible a
j. tentative. Where will those who oppose a cs
;, ercion of law come out! Where will they enc
r A necessary consequence Of their principles Is
v war of the States, one against the other. / al
d for coercion by law-that coercion which &C
= only upon delinquent individuals This Constit'
e, ton does not attempt to coerce sovereign bod'
h States in their political capacities. No coe
:; cion is applicable to such bodies but that of
{, armed force. If we should attempt to execu
lie the laws of the Union by sending armed for,
1t agsiist delinquent State, it would involve Il
L. good and bad, the innocent and guilty, in Il
Il sane calamity. ."-Eiii0fs Dtbafes in The FEEDER