Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-09
DOW To a SMALL
POINT

The Journal Of yesterday. In summing up lie
views Of the doctrine Of State Rights. referring
10 the discussion With the Sentinel. and admit
ting ,hs, the States have reserved rights re-
marks
81, claims that these right. eris. independen.
Of the Constitution Of the United States, and
quotes the follovirg clause Of the Constitution 10
support Of the proposition:
40 The powers not delegated 10 the United
States By the Constitution nor prohibited ov u to
the Sssses srs seserues 10 the States respectively
or 70 ths people.
"Thaauotatioa proves the reverse OF the Sen
unels theory If the states we're possessed OF
What IL calls reserved rights, independent OF the
Consultation, there was no necessity Tor amend
ing IL By the insertion Of the foregoing section !;
but the amendment. for such II -. proves our
proposition that the rights enjoyed by the States.
a. such, are derived from aud secured 70 them by
the Constitution itself"
There's Republican logic for you. IL il not
luminousi What is the meaning OF the word
reserved" ia the sense il is used in the ConsIi-
tutionf Il IL not that the States retained the
rights and powers they did not grant or delegate
TO the United State by The Constitution The
very article OF that instrument quoted by the
Journal. alludes to "ths powers not delegated to
the United States" And who delegated the
powers grantedi IL was the States. Article ! OF
the Constitution resds thus
"The ratification OF the conventions ~ nine
States shall be sufficient for the establishment
Of THE Csnstisutioo. between tho States 80 rsti-
flying tnesame"
IL was not binding spon any until nine had
ratified H. And il vas nearly three Years afsei
the Constitution had been adopted by the Con
vention. before the thirteen States, which orig
inally formed the MON, ratified IL. II only nin'
had ratified it. the States objecting or refusing
would not have been bound by H.
The Journal says. Tho rights enjoyed by th'
States, as such. are derived from aud secured 10
them By the Constitution itself." because. ans
mark well the Stiffness of the reason, Article III
was inserted In the amendmen. OF that instru
ment Bus 1, om.ts N quote the preceding Arti
Gle 20. which would have completely upset IL
proposition. that the rights eajoyea by the States
6, such. are derived from the Constitution i,sef
That the Federal Government Ia one Of delegated
and special powers is clearly conceded by ih'
Constitution hself Section /. Of Article /
reads; as
AL legislative powers herein granted shall b'
vested In a Congress Of the United States"
Then Article . OF the A Amendment. makes tb
position too clear TO be questioned:
" The enumeration. in the Constitution, o
certsin rights shall not bs construed TO deny o
disparage others retained by the people
Can that mean nything else than the Fedora
Goveroment shall not disparsge deny the re
served rights OF the Stsies-rights which eIiste
previous to the formation of the Union, and ia
adoption Of the Constitution. and which had no
been granted or delegated by the State. to tn
United States
That the Union IL acompsct be, ~cen soyeregl
and CO equal States. is fact recognized through
out the Constitution The Union Was forme
and the Constitution was adopted BY the States
as States. The peculiar composition OF the Sen
ate of the U.ited States. each State. regardless
OF its extent Of territory or population bein
equally represented. each being entitled to tw
Senators, IA confirmation Of our position BY thi
representation the equality of the States 10 recos
nized not only. bat thu, they slso possess re
served rights separate and distinct from he Gen
eral Government The President has power l.
grant rsprieves and pardon offence, against tn
United States. but not agains. the Con
stitution and the laws Of State. Amend
ments to the Constitution must be ratified b
the Legislatures OF three four,hs of the sever,
States, or by Conventions in three tour,hs there
Of" That the Union is q compact between Oh
several States,-that il is a Government Of dele
gated and specified powers. and tha, the State
have reserved rights, not derived from, but indie
pendent Of the Constitution. are proposition
which have been conceded by all parties sinc
the formation of the Union, familiar to ell VII
are acquainted with the history OF the Govern
ment.
These are the issues between thd Journal an
ourselves We have no. discussed the mode an
measure OF reiress of the States in case of a
infracton OF the compact, or the reserved right
OF the States. By acts of the Federal Government
That is another branch Of the subject. All tbs
We insist upon H. that the States have right
independent Of the Federal Government. an
that proposition We think has been demon
sratet beyond doubt.