Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-09-16

speech of Hon. E. Z. BENEDICT, in the \
Y. Legislature, on the 9th of last April
Remarking that Gov. Seymour and his part
have evidently adopted as the leading artlcl
of their creed and the basis of their attac
on the Government, this idea of State Soy
ereignty, which is as iallacious as it is per
nicious, he proceeds to examine it
His remarks on the old confederation an
on the Government of the United States ar
also discriminating and weighty.
STATE SOVEREIGNTY NOT IN THE CONSTITUTION
/ In the Constitution Of the United States, tn
organic frame Of cur Government. there is n
foundation for the sovereignty Of the States
nothing upon which respectable argument cal
be made in favor of such a doctrine.
The Constitution provides what are the pow
ers Of the General Government and It's variou
departments, the legislative the judicial, tn
executive and the constituent.
1t also explicitly declares what the States can.
not DO. II provides that
This Constitution and the laws Of the Unite,
States which shall be made in pursuance thereof
the authority Of the United states, shall be the su
preme law Of the land
Not league, not compact, not power o
attorney. but " the supreme law Of the land;
an expression Of great significance and force.
"And the judges IN every State shall be bound
thereby, anything in the Constitution or laws o
any State 10 the contrary notwithstanding"
And the next clause provides that
"The Senators and Representatives before men
toned and the members Of the several State legis
laturcs and ali executive and judicial ofcers both
Of the United states and Of the several States shall
De bound by oath, or affirmation TO support this
Constitution
Thus, while the Constitution and law Of the
United States are superior 10 all State constitu-
tons and laws, and no officer Of the General
Government IS called upon to swear fealty to a
State Constitution, every State officer Is called
upon TO swear to support the Constitution Of the
United States. We are all Of US here, officers
Of the United Staies-so is the Governor him
seif-all Of Us have functions TO perform in the
General Government, which we have sworn to
perform faithfully
Before inquiring what the Government may
10, let Us see what the States may not do, for
upon that depends the question Of State sove-
reiguty.
WHAT The STATES MAY NOT DO.
The Constitution, which is the supreme law Of
the land, and Is also a portion Of the organic
law OF the State, says, No STATE shall grant
ie1srs Of margue and reprisai," what mock
cry is such a sovereignty You may sweep her
commerce from the seas and she cannot retail
ate, you may refuse to pay her what you owe
her and she cannot collect IL from your proper
Is. When our Divine Lord would demonstrate
the Roman sovereignty IN Judea, He looked at
the coin and asked, whose image and superscrip-
ton De- this 7' they said, II is Cosars, - then, 3"
said be. render unto Cesir the things that are
Cesar" Ii Caesar makes the coin Of the
country. then Cesar Is your sovereign and you
are tributary 10 him. They were silenced. So
let the constitution silence this claim Of State
sovereignty. No State shall coin money"
VIII you call a State sovereign, that has not the
power Of putting the image and superscupton
oi sovereignty upon the smallest coin, which
circulaJes IN its domini0ns-not paltry penry.
Coinage : a universal attribute Of sovereignty.
" W State shall emit bills Of credit" The
United States forbils il. .N0r "mGte anything
tut .oi and siircr coin q tender ig payment
NJ estf,." The United Smtes forbds IT, "-NOr
pass 0ry BIZ gf qn1iHder." The United States
'orbii- il. Nor "aay az post fdct0." The
United States forbid 1t. " ".N0r lac impGiriRg
fic Obligation Qf contracts The United
states forbid H. .N0r " grant any title Of no
bHig." The United States forbid II. ".N0
STATE shall tritl0ut consent Of the Congress,
ify 1HV iup0sis or duties on imports or e.
ports, srcspi irtai may Be absolutely necessary
f0r sIerufing us inspection lars." How can that
be called sovereign State which has not the
right 90 tax the commerce that comes into it.
without asking the permission Of higher power.
'' W state shall, rifi0uf the consent Of Con-
gross, lly aAy duty on tonnage still the pro
hbu0n and the consent Of the superior power.
Nor '' keep troops or ships Of uGr IN time Of
pc1ce.' In peace, prepare for war. IS the sal
utary maxim Of sovereign States. and Is it pos
s.tle that we have here a sovereign State with
out the power 10 keep an army, no matter how
small, to maintain its sovereignty. IL cannot
even prescribe the discipline for its own militia
They must be trained " according 10 the discip-
line prescribed b. Congress" But further,
'' a5 State shall enter into any agreement
or compact trih another STATE or lrih for
cigl p0ver, lrithOut the consent Of Congress" 4"
What, no agreement of co-operstion-no COM
pact Of mutual aid-no bond of friendship,
even between the States
repeat, these one and all are the character
istic elemental rights Of sovereignty. No state
can properly be called sovereign that has not
all Of them, yet no State Of thus Union has one
OF them. There is nothing like sovereignty in
the individual States. Daily during our ses-
sions the Stars and Stripes floats over our CAPT
tol to declare under what sovereignty We legis-
late-the same National Flag that waves over 20
degrees Of latitude between Eastport and the
Capes OF Florida, and the Rio Grande and the
Golden Gate, and the Straits of Fuca, over
every ship Of the vast fleets that whiten the
seas with our commerce and our fisheries. The
States have seals which are sometimes painted
on armorial banners, but they have no flags
Il a ship should 90 to sea with a flag flying,
bearing the arms of the great State Of New
York. there is no vessel that sails the ocean that
would know what flag it was. No American
vessel ever thinks of having on board the flag or
banner of a State.