Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1863-12-31
The State Rights Theory Refuted.

The STATE Rights lheOry heluteu.
In his magnificent Grafton delivered at the
conservation of the National Cemetery at
Gettysburg, November 10Th, Edward Everett
thus exposes the shallowncss of the Seces-
sion, State rights theory:
But to hide the deformity Of the crime I'M
der the cloak of that sophistry which makes
the worse appear the better reason. we are
told by the leaders Of the rebellion that IN
our complex system of government the sepa-
rate States are sovereign, and that the
central power is only an "agency" estab-
lished BY these sovereignS to manage certain
affairs which they could not so conveniently
manage themselves. 1t happer'S unfortn-
natelv for this theory that the Federal Con-
stituiion (which has been adopted by the
people of every State of the Union rs much
as their own State Constitutions have been
adopted, and is declared to be paramount to
them) nowhere recognizes the States as " So
vcreignS," in fact that by their names 1t does
not recognize them at all while the authorl-
" established by that instrument Is recog-
nizcd, in its text, not as an agency, OUT Us
" the Government of the United States -
BY that Constitution, moreover, when Pur-
ports in its preamble to be ordained and es-
tablished by "thc People of the United
States" it is expressly provided that the
members of the State Legislatures, and all
the executive officers, shall be bound by oath
or affirmation to support the Constitution.
Now it is 4 common thing under all Govern
ments for an agent TO be bound BY oath to
be faithful to his sovereign, but never heard
before Of sovereigns being bound BY oath to
be faithful to their agency.
Certainly do not deny that the separate
Il. row. for
the administration Of local affairs. 1t Is one
of the most beautiful features of our mixed
system of government, but it is equally true
that, in adopting the Federal Constitution,
the States abdicated BY express remuneration
all the most important functions of National
sovereignty, and by one comprehensive self
DENYING tclauSe gave up all right tolcontra-
ycne the Constitution of the United States.
Specifically, aud By enumeration, they re-
nounced all the most important prcrogativeS
of independent States, for peace and for war,
the right to keep troops or ships of war IN
time OF peace, or to engage in war unless ac-
tually invaded; to enter into compact with
another State or foreign power; to lay any
duty on tonnage, or any impOSt on exports
or imports without the consent of Congress
to enter into any treaty, alliance or conSld-
Grafton; to grant letters OF marQne or repri-
SAL and to emit bills of credit; while all these
powers, and many others are expressly vest
ed in the General Government. To ascribc
to political communities, thus limited i'll their
juriSdiction-who cannot even establish 4
Post Office on their own soil-the character
Of independent sovereignty, and u reduce 4
National organization, clothed with all the
tranScendant powers of government, to the
name and condition of an agency" of the
States, proves nothing but that the logic OF
secession is on 4 par with its loyalty and
patriotism.
Oh, but "the reserved rights" And what
of the reserved rights: The tenth amend
ment of the Constitution, supposed to provide
for preserved rights" is constantly mis-
quoted. Bv that amendment the powers not
delegated to the United States, nor prohibited
bv il to the States, "arc reserved TO the States
respectively BY or TO the people The
"pOwers" reserved must OF course be such as
could have been but were not delegated to the
United StatcS-could have been but were not
prohibited to the States: but To speak OF the
right of an individual State TO scccdc, as
power that could have been, though 1t was
not, delegated to the United StaSs&. Is simply
nonsense.
But waving this obvious ahSurdity, can it
need serious argument to prove that there
can DC no state right 10 enter lhlO ne" Voh-
federation reserved under a Constitution
which expressly prohibits State to enter
into any treaty, alliance, or confederation"
or any agreement or compact with another
State or foreign power :" To say that the
State may, by enactiug the preliminary farce
of secession, acquire the right to do the pro-
hibited things; to say, for instance, that
though the States, in forming the Constitu-
ton, delegated TO the United States and pro-
hibited to themselves the power Of declaring
war, therciwas BY implication rescrvcdto each
State the right OF seeding, and then declaring
war that though they expressly prohibited
to the States and delegated to the United
States the entire trcaty-making power, they
reserved BY implication-for an express re-
Scryation is not intendSd-to the individual
StatcS-to Florida, for inStauce-thc right 10
Secedc and then to make 4 treaty with Spain,
rctroceding that Spanish colony, and thus
Surrendcring to 4 foreign power the key to
the Gulfof Mexco-to maintain propositions
like these, with whatever affected seriousness
it is done, appears TO me egresious trifting.