Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-07-11

duty OF llyalfy and submission indep eiicen, 81
that charter when you undertake 20 found Gov
enme1t on something not embraced by grant
Il understand you 20 employ a language and
ideas that ought never to be uttered by an Amer
lean tongue aud which. If carried out in practice
will put an end 20 the principles or which your
liberties are founded. Applause
For these aud many other reasons-most ap-
propriate for our consideration this day-let US
recur TO certain ndispuiable facts in our history.
shall make no apology for insisting on the pre-
cedents OF our national history. No nation can
safely lay aside the teachings. the obligations
the facts Of is previous existence You can not
make fsbaIa rass vi your political condition,
and write upon IL purely original system. with
no traditions, no laws, 20 compacts, no beliefs,
no limitation, derived from the generations who
have gone before you. without ruin0usy Falling
70 improve. Revolutionary France tried such a
proceeding and property life religion. morals
public order and public tranquility went down into
confusion no better than barbarism. out OF
which society could be raised again only by
the strong hand Of despot. We are Of a race
which ought tO have learned by the experience
of thousand years that reforms improvements.
progress, must be conducted with fixed refer
ence to those antecedent facts which have al
ready formed the chief conditions OF the natsoeal
existence. Let US attend to some of the Well
known truths in our history.
l. The Declaration of Independence not
accepted by the people of the Colonies. and their
delegates in Congress were not authorized TO en-.
ter into Union without a reservation to the
people Of each Colony Of its distinct separate
right Of internal self government. To represent
the abstract sentiments of the Declaration as in
consistent with any law or institution existing in
any one of the Colonies, is to contrrdict the
cord and history of It's adoption. What, for ex-
ample, do you make Of the following resolution
OF the people OF Marylan in conv eneOD, adopted
on the 2-th day of June. 11I6, and laid before
the Continental Congress three DAYS before the
Declaration OF Independence was signed:
THAT the deputies of said Colony or any three
or more 0f them, be authorized and empowered
to concur with the other United Colonies, or IA
majority OF them, in declaring the United Colo
nIes free and independent States in forming such
further compact and confederation between them
IN making foreign alliances, and IN adopting such
other measures rs shall be adudeed necessary
for securing the liberties of America; and that
said Colony will hold itself bound by the resolu
tons OF the majority OF the United Colonies in
the premises; prooided. the sole and erciusice
right Of regulating the internal Government and
policy Of that Colony be reserr.d 10 the people
thereof"
This annuncaton Of the sense and purpose in
which the people of Maryland accepted the Dec
laraton. Is just as much part Of the record as
the Declaration itself; aud it clearly controls for
them the meaning and application OF every po
tical axiom or principle which the Declaration
contains. Ii was intended to signify to the
country and the world, that the people of Ma
r,land consented to separate themselves from the
sovereignty of Great Britain on The condition,
that the right to maintain within their own limits
just such a system of society and government as
they might see tt to maintain, should belong to
them, notwithstanding anything said in the Dec
laratIon to which they were asked TO give their
assent.
Several of the other colonies made a similar
express reservation; and all Of them, aud all the
people OF Ame.i n, understood that every colony
accepted the Declaration, in fact, in the same
sense. No man in the whole country from the
4th of July. l116, to the adoption OF the Articles
OF Confederation, ever supposed that the Revo-
lutionary Congress acquired any legal right to
interfere with the domestic concerns of any of
the colonies which then became States, or any
moral authority to lay down rules for determin-
ing what laws, institutions or customs, or what
condition OF its inhabitants, should be adopted
or continued by the States in their internal gov
eminent. From that day to this il has been
received doctrine of American law that the Rev
olutionary Congress exercised with the assent of
the whole people, certain powers which were
. neeifu for the common defense: but that these
powers III no way touched or involved the sove
reign right of each State to regulate its own in
ternal condition.
3 When the Articles of Confederation were
finally ratified, in l1el. there placed in the
very front of the instrument the solemn decara
ton that leach State retains Its sovereignty
freedom, and Independence, and every power, ju
risdiction, and right which is not bv this Conied
Grafton expressly delegated To the United States
IN Congress assembled and the powers given tn
the United States in Congress related exclusive
ly To those affairs i'm which the States had a com
mon concern, and were framed with n view To the
common defense against "A foreign enemy. in or
der to secure, by joint exertions the ndepeud-
ence and sovereignty of each OF the States.
3. When the Constitution of the United States
was finally established, in l7os, the people of
each State, acting through authorized = lents ex-
ecuted, by resolution other public act, n ces-
sion OF certain sovereign powers, described in the
Constitution. to The Government which that Con
stltuion provided to receive and exercise them
These powers being once absolutely granted by
public instruments duly executed IN behalf of the
people OF each State. were thencelorth incapable
OF being resumed: for | hold there is nothing in
the nature OF political powers which reuders
them. when absolutely ceded. any more capable
OF beng resumed at pleasure by the grantors,
than n right oi property j. when once conv eyed
by an absolute deed. Ia both cases those who
receive the grant hold under contract: and ii
that contracl. is the case with the Consttu
ton. provides Tor n common arbter To determine
its meaning and operation, there Is no resulting
ri4ht in the parties. from the instrument itself
to determine any question that arises under it.
At the same time, il is never TO he forgotten
that the powers aud rights of separate internal
government which were not coded by the people
OF the States. or which they did not. by adopting
the Constitution, agree To restrain. remained Ia
the people OF each State in full sovereignty. IL
might have been enough for their safety 10 have
rested upon this rs Familiarity understood and
welI-dehuei principle OF public law implied in
every such grant. But the people did not see
II; to trust TO Implication alone. They insisted
upon annexing To the Constitution an amendment
which declares that The powers not delegated
% the Uuited States nv the Constitution nor
prohibited 10y il To the States. are reserved to the
States respectively. or to the people
We thus see thai. from the first dawn Of ou-
national existence. through every form which il
has vet assumed dual character has constantly
attended our political condition. 4 nation has
existed. because there has all along existed a
central authority having the right 90 prescribe
the rule of action for the whole people. ON Ger
tain subjects, occasions. and relations. In this
sense and IN no other. To this extent but no further,
We have been since lIs6. and are now. nation.
AZ the beginning. the limits OF this central nu-
thoriiy. IN respect 10 which We are nation we're
defined by general popular understanding; but
mote receuty were they fixed in written terms
and public charters. first by the Articles OF Con
federation. aud ultimately. and with a more EN-.
hrge,l scope and efficient machinery. by
the Constitution The latter instrument made