Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-07
The Journal ON state n,rh,..


/, icsl legislative productions "--bu. 10 does DOT
show in fact the task Is 30 difficult that il does
not even attempt TO show. as -e desired il 70 DO,
wherein they differ from the principles laid dorn
in the Declaration Of Independence, as the true
theory Of Government. We stated that the doc
trines of one we're The doctrines Of the other, aud
II he Kentucky and Virginia resolutions we're
miserable and densgogical." Il must place the
Declaration OF Independence in the same cate
CORY. We were following the teachings and
constructions of the Journal to logical and
legitimate conclusion. and by endorsing the De
elsration Of Independence the basis OF our
political Institutions, as IL does il places itself In
the dilemma of pronouncing that instrument.
which the people have been taught to reverence
By all political parties since the foundation of the
Government, az miserable and demagogical.
The journal says that the second Of the Ar
ticiss OF Confederation adopted in IT'S, lis
; worth no more exposition Of the power
Of Congress under the present Constitution, than
the soiloquy Of HAMLET would be" We will
examine that question little for the Journals
Enlightenment. for II is very evident that the
lawyer editor Of that paper has bu. slight
knowledge Of the Constitution. or Of constitu
/. uonal law. weqaose 6rst the second Of the
Articles OF Confederation:
Each State retains its sovereignty, freedom,
aud Independence, aud every power. jurisdiction
and right. which is not by this Confederation eI-
pressly delegated to the United States Congress
assembled
The very first article of the present Constitu-
ton. which the Journal accepts authority,
reads thus
"AH legislative powers herein granted shall
be vested 10 Congress Of the United States"
Now turn TO the Amendments TO the Consti-
tuition which were adopted n 1871 and 1898. and
there will be found the following clear and
phatic reteration OF The doctrine Of State Rights
~ enuncsted in the second OF the Articles Of the
Confederation. quoted above:
ARTICLE .. The enumeration. in the Consti-
tu lion, OF certain rights shall not be construed
to deny or d,sparase others retained by the PEG
ple"s
40 The powers not delegated TO the United
St1,cs BY The Constitution. prohibited by il
= to the States, reseTred 10 the States rcpee
freely. or TO the people
- When the powers of the Federal Gov eminent
are thus construed aud defined by the Constitu
ton itself. there be question that the
States are sovereign or supreme in all Govern
mental rights they did not expressly grant to it in
that instrument. And the Supreme Court in one
of its decisions expressed the opinion that - the
prohibitions contained in the amendments to the
Constitution were intended to be restrictions
upon the Federal Government aud not upon the
aufIority of the States" This certainly comedies
all thai we have claimed as the true construction
of the doctrine of State Rights. that the States
are sovereign or supreme in all their reserved
powers-rights that they had not delegated to the
Federal Government 10 the Constitution. Ger
tanly there be stronger expression than
thatin article nine of the Amendments, that even
the enumeration. in the Constitution, shall not
be construed 70 deny or disparage Others retained
BY the people " And article two of the Con-
sti,ution comedies that al the Legislative powers
of the General Government ere granted by the
States. or AS we expressed it in our last article
that the States made the Federal Government,
voluntarily Invested themselves of all the powers
they conferred apon il to provide for the com
mon defense and promote the general welfare"
and not the Federal Governments the States, as
the Journal intimstes.
The Journal quotes the following provision OF
the Constitution. which. it AYERS. demolishes the
doctrine of State Rights
This Constitution, and the laws OF the United
States. which shall be made in pursuance there
Of. and all treaties made, which shall be made,
under the authority OF the United States, shall
in every State shall be bound thereby. anything
in the Constitution or laws of any State to the
contrary Notwithstanding
This provision does not in any wise conflict
with the doctrine of State Rights. The powers
delegated by the State to the common Govern
ment which are defined in the Constitution. and
the laws of the United States made in pursuance
thereof. are the supreme law of the land. There
is certainly nothing in this provision which sub
ordinates the States IN their reserved powers or
rights to the Federal Government
The Journal seeks TO change the issue between
Us by charging thai We are bringing forward ar
guments to justify State secession and nulIifca-
ton. We have done no such thing. nor have We
such purpose 1t denounced the Kentucky and
Virginia Resolutions Of '9s. the former written
by Thomas JEFFERSON and the latter by JAMES
MADISON, who probably understood the powers
Of the General Government. and the object in
forming the union of the States. at least as well
as the Journal scrbbler, az miserable and dem
sgogisl legislative productions" We then asked
it TO show, if it admitted that the principles laid
down in the Declaration OF Independence were
the true theory of government. wherein they dif
fered from those expressed in the Virginia and
Kentucky Resolutions of 9S. which il vehe
menty condemned. We again repeat the Ques
ton. and when il il answered. then il will be
time to enter into the discussion OF other ques
tons. IL threatens, If we do not stop putting
these hard questions at it, publish the address
OF the Democratic State Central Committee OF
August, 1864. When il has concluded to do so
We hope it will place in juxtaposiiion the circu-
lar of the Major General OF the Strong Band aud
Spartan Brotherhood for The Department of In
diana. which we publish this morning: the srti
Gle in the Constitution OF the Union League
which require. is members TO arm themselves.
and the address Of the Union League, which re-
qures lis members TO arm themselves. and the
address of the Union Lesgne of the State
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