New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-11
mx. surrNRR,s RESOLUTIONS.
IT, nc Esiro, # TIE NJ j. T,iS,"~

noteworthy presenting III tho strongest i8' ''s
seosy that State which has pretended 10 seeede on
tie Union does not need 80 be radmntcd by Congress
before il can tako part again ia the National conncs
III. 7.n.s does cVeT5iate the importance o. the
ssestion.
srAe discussion involves the nature and sonrce Of
sta.s sutboriy-a subject which has been heogscd by
partisan sophsuv but which may be clearly set forth
ts ,te common apprehension.
The ole COnedcraCy league o! sovereign states
sseb merely delegaicd restricted powers 10 Congress-
rs weakness complied tho formation OF the presen'
Union in which "Wc tho People Of tie United STATES
conferred powers directly tie General Government
in Ire absence OF Any Union each State was independ-
snt OF Gny other power and supreme within its own
nni.s Under the Consultation this supremacy is con
coded with certain reservations 10 the General Gov
sruuent So far as National affairs concerned the
yoople Of each State yielded their sovereignty to the
pesple at large On the other hand the people large
allowed to the poops of each State defined share in
she Government Of the whole country. Thus tho people
Of each st'te ouch yielded certain powers end
gained certain other powers The powers they yc4ed
hey yielded to the people Of the whole country. 10 b
exercised by their agent the General Government So
Ear a. the powers were governmental. In the same
way, the people NJ largo granted certain privileges TO
ale people Of each State partly 20 be exercised by then
directly. in eeeting Representatives; partly TO he
exercised thFOuyh tGe agency Of their state oreauiza
.iors In elecng Senators. Hamilton as quoted by
The Times deemed the radical vice Of the Confederation
30 ee tie prucpe Of Legislation for States in their cor
poIate collective CAPACITIES, rs eon'radstnSuished
from the individuals Of which they consist Us Con
stu,ion escapes this weakness binds the ndivic1as
but does not give up all power over the States IN s1ch
corporate c. pacy. The pawer IS Not substitute
@ CHE ed bat is added to IT, II is idle 10 soy that the
Constitution regards individuals 0sly. aud rot States
zhe choice II sen sRd Of Presidential Electors rs
given al individuals citizens bet 10 TIE
States States. This IS the very feature which dis
1nguisaes our system from consolidated democracy.
Car be- that she Constitution eonfers such privileges
on the people Of State IN tbe< corporate capacity yet
imposes no corresponding duties snd liabilities The
very nature G, STATE powers retee tA9 no'ion State
ssnno; exist snch til il is admitted into she Union
IRE people u Territory msy organize State Govern
ebt but confer il no power 20 take par; IN gov
erlrg oa.sds the limits of tic sCealed State. What
part in governing the people at large IT may &c
enre must 'rom other source. il ms. come
tvm the Only which confer such POWER. hat
se from the whole people Of tie nation. represented IL
Congress.
lie who grants priv i,ege nsy attach 70 4 conci'
ton Ii cannot be questioned that the condition IMPOSED
ssctes t. which the privilege Of taking part IN the
GeaeTal Government is granted IS observance OF the
Constitution and the laws which il declares t. Ne az
rreme. What IL repndiates .he obligation. and VIC
bates the supreme law Rvcry principle q roason co
mon senss common law, replies at once 1len IL for.
,,s the privileges gfansd en- The conditions which il
has broken. Why should Il pot' No vould doubt
She conclusion but for the perveEslOrs Of the theory
p.raded with such flourish o, trumpet, that tbs Cor
st..ution binds only individuals rot States to ale
Eiance and that ons individuals Be punished fos
treason Hence 1t is claimed 81. attempt OF State "a
sscsde Is nudity. and cannot effect is rights
ASta,c Let O: consider:
State In the Union is Hike corporation at common
As. number Of msn may associate in a psr,nershil
and carry business; but, If they wish eoEporas
pov eis they 10 incorporated by the Legislature
,, general special statute II they violate the con6
lions Of sLes charter their corporate powers are for
eeited. The State cannot punish corporation tut u
can punish It's members by taking away the cooperate
pogeIs which tsey enjoy through ' agency Ihej can
70 longer Get corporation, unoSs tie state waves
fhe Forfeiture or grants :hc corporate powers anew.
g. the inhabitants o. certain tract may Organize
gUvernmc-t Preze social orderi solong GS no o5sI
government Is established b. Congress as the agent Of
se people - large $40 the territory and SO long
~ obedience to IL does los conHcs S!sh obedience due
% the supreme law Of the pd which binds every eiti
sen It's acts nay be valid II Lose inhabitants Ws W
take part by their organisation, il lie government o!
tie whole people they nus; procure iio tie vboe peo
pie represented in Congress and tn Executive, TIC
grant Of that privilege on condition OF observing INC
supreme law OF the and. They haze ssch privilege
-. koT H.. Q
powcrs ns rseh 10 wholly creature Of tie people at
large. They undertake 70 obey the Constitution indi'
sduany; ii they DO rot troy nay be psasled indvi
daay. They also undertake TO obey the Constitution
collectively. az an organized political bodyss State;
they fail In this. they must be punished collectively.
- State Not some abstraction termed State must
be psnsl~j but tbe men WHO SGT ~ n recognized poll
ncal body N st suffer in that same capacity. How
5ost the oicia acts Of corporation. violating tne
ssnditions Of it. ch rt punished BY depying tRe
individual members Of the privileges they enjoyed as a
body polite The privileges 70 DO tatcn away sim
py those wAich bestowed under the broken condi
sion. To apply .his practically A Stete which repu.
dates the CONSTITUTION foits is rights par1 in the
government of TIE whole peorle that s lie right
STATE fn tho Union Especially representation IN Con-
sr.s which derived solely iror the whole people
Whatever authority IL retains rust be merely by heT
sacc 81 the Na.ioLa Government 50 far il Goes not
sonaot VIII lie supreme law nor with any goyofnaea'
established " Congress aId The Executive. IL NAY be
ike eIemporired government before Tie admission
Of State. Bat its powers S,s1s IA 1e La.os sIc
gone the moment Tire authority which conferred tem
fees ct ~ erlyrce the .os:eiluIe.
The taalogy VITA c coSporotion goes further. II Is
Rcd that iae people Of sate csonot DO bound by the
xneonst ui,aal scts VI t-es agents Very true; but
they may he subjected to penalties thereby The lie.
gl o. corporation vii not necessarily expose it,
members to individual punishment bat nay rgLjecl