Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-01-21
SPEECH or moN " =. AEEEN, OF
WETHRAEw

ILLINOIS,
/ On State Rights and Federal Ifrongs, Dsli5ere0
al the House ef Representatives., December %
1862
The house being in committee Of the whole on thC
STATE Of the ion, and having under consideration the
Joint resolution Of house cf representatives No 80 y
enable The Secretary of Wsr test esndersons breech
loading cannon, Mr. ALLEN said:
/ MR CH -IRMAN When great aud vital public inter
estE about be nvsdea destroyed n Is the duty
Of every patriot 70 nterpose for their projections but
il is especially the duty Of one representing in par
sovereign State. and entrusted with minority to be
exercised for the benet and protection Of the people
to exert his utmost nhuenee in their behalf Existing
facts impose upon an humble representative from
Illinois. the suiy Of exposing denouncng and correct
ms II possible, the outrages and wrongs which have
been committed and about Be committed upon the
people Of that ate now ailude the subject to
Wheh endeavOTed TO cau the attention Of the house
by resolution the first day upon which took my ct
this session member from my own State (Afr Love.
joy prevented me BY his objection frou having that
time the matter considered Thsresoluton offered was
as follows
whereas there have been imported into the State Of
Illinois, under the sembance of Federal authority, sew
era thousand negroes and whereas such mp ertstioR
in violation Of the Constitution of said State and
the legislation and repeatedly expressed sentiment OF
the people thereof. Therefore,
Res0lDcd That the COMMITTEES on the judiciary be in
sructed 70 inquire into the right # the Federal auhoT
ties to thus SGT defiance the Constitution laws and
port what seton be legally teksu By the Federal
government in order to bring about the deportation Of
said negroes"
That resolution was iatsad.d-not for mere effect.
but for inquiry legitimate and proper-snd upon a sub.
ject too may remark in regard to which the people Of
my district feel the deepest interest Tha rePres
tive from the bureau district however true TO his eoored
friends and fsse to the Constitution laws and interests
Of the white people Of Illinois in his place apd
under rHle Of the house prevented the law committee
Of Congress from Invest eating question Of such vital
importance 10 my constituents. But Mr.. Chairman
discussion Of the rights Of invaded State, and to
cert in extfn', susjugated people, shall not be s1ed
ar q ~ fr-1a cf~rrufv
to ascertain by the law committee Of the house if there
any authority fr taking slaves from their Southern
owners by Federal power and bringing them into the
State Of Illinois, in violation Of the Constitution the
law the sentiment sRd the ghest and dearest iateress
Of the wh te psonle Of that State.
The vndicstioH Of Illinois in this respect is bat the
vincation Of the rights g al TIE Safes and their peo
pie this and ether subjec Of lks charsster; and
all Of them alike therefore interest and assure
you, sir that It alone for beneficial purposes and good
results and not from personal partisan political
siderstou., that as Induced to make these remarks
Trad1oton is eheap-can be indu zed in by the vies
Of e-rth but SIN settled in my discrimination not TO
bestoW upon it, especially when is directed toward
pera0ually, even passing notice.
miserable hired creature from my own district viii
have 10 excuse FOR omittng 10 characterize his false
hoods and famations truth really would demand Of
But her matters Of higher moment than the
sders ton Of hreling seaaderers claim my attention
In Illinois we have the following constitutional pro-
vision: The General Assembly shall, stits FIRST session
under the amended Constitution, pas such laws viii
efectHaly prohibit free persons Of color from mmgrst-
ing 70, and ettlng h. thi State; ID to eecuaiy pre-
State for the purpose Of setting tkem free"
In 1883 the Legislature of that sta e. in obedience to
constitutional requirement., passed act, which is
repealed, intended 70 ent the immigration Of ne
grOes From among many ections Of that act select
tue fOOwl for quotation: " II any person person.
shall bring o. cause tc be BROUGHT into this Stats snv
negro mulatto slave whether said slave s free
not they shall be liable indictment, and upon conec-
tion Thereof e fined f07 every sueh negro mulatto,
not less than hundred dOliars, mere than
hundred dolors, and imprisoned in the county Jail
not han year and shall stand committed until
said fine and costs paid"
In order present this subject in I'll its enority and
hagrancy IL may perhaps Be necessary 20 say a few
words the nature and character system Of gov
ernmeut and the relation which the ates severslv
be remembered then that this Union was not formed by
the war Of The revoBtiOn That war achieved the ude
pend Of the thirteen colonies whereby they became
thirteen sovereign and Independent States, and such
by name separately, they acknowledged by Great
Britain aud other powers Of the world
These sovereign States. for their tual benefit ard
each acting for itself in its individual scity formed
eonfedeI atinn which styled the UAted States Of
America the same name by which he Union is pres
ent called
That confederation had very limited powers granted
TO it by the ssver Stes composngit It and contained
clause eelaring that 1t should be perpetual. Notwith-
standing this positive agreement Of pPslHi the States
found this confederate to be ira equate to their wants
ard took steps 20 make new COVER uaent by a
URSoH Of such States a. should UoRtarity into It.
For this purpose they called convention by separate
State authority That convention proposed plan
Of government for the confe derate States eay
pulated that the ratification by the convention of ins
States should be Sufficient the establishment Of the
new Con tituton between the states ratifying the
twill TINS Be seen that the Constitution was peaeea
bly, formed by thu exercise Of hun reason and not BY
the sword that it broke ~ or destroyed the pre- exist
ing Union called the eanfed ration and made provision
for ID full -cton Of the new government by the
operation Of nine States onyleavng he other four in
case Of their hcaton q take care Of them-eyes
best they could Btit happened in the course of
human events, that the whole thirteen each for ITSELF
ratified tue ConstitutOn, and thus voluntary
members Of the Unopstil styled the United States
of America This present Constitution also provided
for the admission Of States into this new Union
and the principle upon which ad-
mtea viz on terms Of perfect equality wiih the orgi
nal thirteen
Whatever rights therefore, be properly claimed
for the original thirteen belong equally every State
now composing the Union. When first adopted it was
by direct vote Of conventions in ths separate States,
and every new state, by being admitted, accepted
voluntary act Of her own, the came Constitution Of
government Il is then The supreme law Of each Sta g.
within the scope Of its granted powers, bB no further
In al other respects every Stste retains all original
rights pertaining 10 it As a sovereign power.
The fact snot to be denied, thst this is Constitution
for each state with its limits and grants only from the
fact Of its voluntary adoption 1t is Constitution be-
fa0se, not them Il is act Of violation Of eaeh
ate independently Of others, and it confers no power
Of government except what has been granted by TIE
States shown in the Consultation In confirmation of
this position, II confirmation is desired quote Article
10 Of he amendments to the Constitution ITSELF these
sThe powers not delegated to the United States bv
the Constitution nor prohibited by to the States are
yeseTued 70 the States respectively to the people"
Hence il follows that imitation or restriction Of the
rights Of the States exist unless voluntarily i'm
posed by the adoption OF the Federal Con- tltuton or
| by its own independent form Of government.
Illinois Mr.. Chairman, has never yet voluntarily
ir,posed uDOn herself sny restrictions or Limitations
,eaksning her voice impariag her power as sover
eign Stete True she has stood firm to the Federal
Union hs condemned unmistakably at the ballot box
tbe ,anner ir which The government is being admins
ted s ready TO rsnes her exerons for the Union and
Constitution ga the real foe Of this happy
nrbc II mean the Aboonsts y but still, sr. she Is
sovereign State with sl the rights thereto beo gins
PeinV sovereign state then and in ex rcife Of Orsgt
nj authority not limited OF restrained by the kede al
Copstituti5n she adopted part Of her Fundamental
Law in the Constitution Of le4e ena "hich Is now IN
fors IN nrovision which hage before quoted know
er we live in an age Of solemn and sudden changes
but 70 the honor of Illinois stability let the fsst be re
change her determination to keep negroes outside OF
| her inrisdietion.