The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1865-10-28
STATE SOVEREIGNTY AND THE
RIGHTS OF STATES.

NUS ASiShls vi the HtdteS, as PFocldIuleu DY
Jefferson, Madison and Hamilton, and as
declared by Chief Justice Marshall and
other eminent jurists of the Supreme
Court and Circuit Courts of the United
States. The first authority introduced
will be Alexander Hamilton, who [ Hamil-
tons works, vol. 4, 1861 says:
q The circumstance that the powers of
sovereignty are in this country divided
between the National and State Govern
lmants, does not afford the distinction re-
Iquired. 1t does not follow from this, that
each of the portions of powers delegated
to the one or the other is not sovereign
with regard to ats proper objects. 1t will
only .fotkotc from it that each has sover-
eign power as 10 certdia things, and not
as to other things. To deny that the Gov
ernment of the United States has sover-
eign power, as to its declared purposes
and trusts, because its power does not ex-
tend to all cases, would be equally to deny
that the State Governments have sover-
eign power in any case, because their
/ power does not extend to every case"
In another place, and on another oeca-
sion r Elliott's Debates, 355,] Hamil-
ten says;
With Fegard to the Jurisdiction of the
two Governments, shall certainly admit
that the Constitution oaght to be so form
ed as not to prevent the States from pro-
viding for their own existence; and
maintain that 1t IS so formed. and that
their power of providing for themselves is
sufficiently established But
the gentlemen says that the laws of the
United States are supreme and that
where there is one supreme, there cannot
be concurrent authority and further that
where the laws of the Union are supreme,
those of the States must be subordinate,
because there cannot be two supremes
This is curious sophistry. That two su-
preme powers cannot act together is false
They are inconsistent only when aimed at
each other, or some indivisible object.
The laws of the United States are supreme
as to all their proper constitutional OBJ
ljects; the laws of the States are supreme
the same way These supreme laws may
aet on different objects without elashipg,
or they.may operate op. different parts of
the samet object with perfect harmony.
Suppose botFs ayeFaments should Law q
tax of penny ,esxtain article: had
not each an in1e q and uncontrolla-
| bic power to q It's own tax ? The
meaning of thesaI1xisn there cannot be
two supremes, is simply this-two 0 powers
cannot be supreme over each other"
In the next place We will bring into
careful consideration Mr.. Jeffersons senti-
ments sto constitutional powers. He says:
With respect to our State and Federal
Governments, do not think their rela-
tions are correctly understood by foreign
ers. Tkeg generally suppose the former
l.subordinate to the latter But this Is not
the case. They are coordinate depart
ments of one simple and integral whole
To the State Governments are reserved
all legislation and administration, in af-
fairs which concern their own citizens
only, and to the Federal Government is
given whatever concerns foreigners, or
citizens of other States theae functions
alone being made Federal The one is
domestic, the other the foreign branch of
the same Government, neither haying
control over the other, but within its own
department. There APE one or two ex-
eeptions only to this partition Of power,
But, you may ask, if the two Departments
should claim each the same subject of
power, where is the common umpire TO
decide ultimately between them In cases
of little Importance or urgency, the pru-
dence of the parties will keep them aloof
from the questionable ground but if it
can neither be avoided nor compromised.
convention of the States must be called
TO ascribe the doubtful power to that de-
partsnept which they may think best.
You viii perceiye By these details, that
Ee have not yet 50 perfected our Constitu-
tiops as to venture to make them unchange-
able. But still, in their present state, we
consider them not otherwise changeable
than by the authority of the people, on a
special election of Representatives for that
purpose expressly; they are then, tie ler
teguna-' the taao Of taaes. !"
As regards Common Law Powers in the
General Government, Mr.. Jefferson r.
Jeferson's works, 331, ] wisely says:
II do verify believe, that if the prinei-
pie we're to prevail, of Common Law
being IN force in the United States (Which
principle possesses the General Govern
ment at once of all the powers of the State
Governments, and reduces us to single
consolidated Government it would be-
come the most corrupt Government on the
earth. You have seen the practices by
which public servants have been able to
cover their conduct, or, where that could
not be done, delusions by which they have
vanished it for the eye of their constitu-
ents. What an augmentation of the field
for jobbing, specializing, plundering, Office
building and Office hunting would be pro-
dgcsd BY an assumption Of all the State
powers into the hands of the General
Government The true theory of our
Constitution is certainly the wisest and
best, and the States are independent as to
everything within themselves, and unit
cd as to everything respecting foreign
nations"
In another PLACE he says:
I believe the States can best govern
our home eoncefns, and the General Gov
ernment our foreign ones. | wish, there
fore to see maintained that wholesome
distribution of powers established by the
Constitution for the limitation Of both i
and never to see all Offices transferred to
Washington, where, further withdrawn
from the eyes of the people, they may be
| more easily bought and sold as at the mar