Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-05-26
STATE RIGHTS.


The Constitution ssys--and really. II We have
got TO SIGHT The battles OF Qualification and seces
sion. Of Stsse omnipotence over again. IL ought
20 be repeated every day--'The Constitution and
the Lars Of the Unifed States rkieh shall BE- made
IN pursuance Thereof, aud all treaties made, OF
which shall be made, under the authority OF the
United States. shall be the supreme Lar OF the
land; and the Judges In every State shall be
bound thereby anything 10 the ConsfaufioH OF
isrs Of any STATE TO the contrary nosvithstAnd-
ing"
Il adds: The Convention that framed the
Constitution in lie Official letter to Congress
transmitting the Constitution which its wisdom
had formed. held in reference to this subject the
following language. 1t IL obviously impracti'
cable in the Federal Government Of these States
TO secure all the rights Of independent sover-
eighty 70 each and yet provide for the interest
and safety Of all individuals entering into so
eis,y mus. give up share Of liberty to preserve
the rest"
The Journal. from these premises. thus defines
what il regards the just rights and powers OF the
States under the Federal Constitution
The constitutional doctrine in regard TO State
Rights ia concsely this: Any State has a right TO
execute her own laws by force, IL necessary and
TO call upon the National Government for assist
ance IL that be necessary, prorlded always such
laws do DOT conflict with the Constitution and
laws Of the United States. To determine THIS IS
the proper business OF the Supreme Court OF the
United States, and from that decision there IL 10
peaceful sppeal"
The doctrine Of State Rights was first formally
asserted by the Legislature Of Virginia. in l79e.
This expression was occasioned by the apprehen-
sion that the Administration OF the first ADAMS
had assumed powers not enumerated in the Con-
stituton, and thus had usurped powers belonging
to the States. The celebrated Virginia Resolu-
tons we're prepared by Mr.. MADISON, and II can
not be doubted but hc understood the scope end
powers Of the Federal Government under the
Constitution. He thus set forth what he under
stood to be the Rights Of the States, and their
relations to the General Government. in the reso-
lutions referred to-
"It (the Legislature) views the powers OF the
General Government as resulting from the com
pact TO which the States parties, as limited
by the plain sense and intention of the lns'Iu
meut constituting that compact, as no further
y
merated in that compact; and that IN case oil !.
deliberate. palpsble and dangerous exercise oil
powers not granted IN said compact, the States
who are parties thereto have the right, and are ID
duty bound interpose for arresting the progress
Of the evil. aud for maintaining within their re
spectye limits the authorities rights and Liberties
&. sppertsining TO them
In the same year. resolutions upon the same
subject adopted by the Legislature of Ken
lucky which, it is said, were sketched by Mr.
JrrrKRsoS. but not fully prepared by him. In
those resolutions. the doctrine of State Rights is
thus defined
That whensoever the General Government
assumes and delegates powers It's acts are unau-
thoritstive. void, and of force; that each
State acceded as State, and is an integral
party. its cos States forming. to itself. the
other party; that the Government created by this
compact WAS not made the exclusive or hnal
Judge of the extent of the powers delegated to IT,
since that would have made its discretion. aud
not the Constitution. the measure of its powers
that, as in all other cases of compact among
parties having no common Judge, each party has
right TO Judge for itself. well OF the infrac-
tons as the mode aud measure Of redress"
These resolutions assume. which we presume
the compact between the States. contains only
delegated powers. The powers which the States
delegated or surrendered to the Federal Govern
ment are enumerated IN that instrument. These
powers the resolutions of both the Virginia and
Kentucky Legislatures concede to be supreme.
nor they DO not object to their full exercise by
the Federal Government. The purpose of the
resolutions evidently is to protest againa, the
deliberate. palpable and dangerous exercise OF
powers not granted in the Constitution; or, IN the
language of the Kentucky resolutions. TO assert
that wnensoever the General Government
assumes and delegates powers. its acts are uuau-
lucrative, void and OF no force" In other words
that the Federal Government has right to
direct, control or interfere with the State Govern
ments in the exercise of powers which they had re-
served-powers not delegated to the Federal Gov
eminent by the States n the constitutional com
pact. hence all such acts are unauthoritatve void
and Of no force" The doctrine of State Righ;s,
concisely stated. Is simply this: That in the e1-
ercise OF just powers of government. eIcep, those
delegated TO the Federal Government in the Con-
.
but so far as the powers delegated to the Fed
eral or Gencral Government are concerned,
the States are subordinate And if this
position is correct. il mu.t be admitted that any
State has right TO execute her own laws. it no,
in conflict with the powers delegated to tho
General Government And practically each
State has asserted this right since the organzs-
ton OF the Government.
The powers. duties and relations Of the Fed
eral and State Governments are thus happily
portrayed by Mr.. ELLSWORTH. of Connecticut,
afterwards Chief Justice of the United States,
during the debates in the Federal Convention:
Under a national Government he should par
.icipste 10 the national security. as remarked by
Mr. King: but that all What he wanted
Was domestic happiness. The national Govern
mens could not descend to the local objects on
which this depended Ii could only embrace OBJ
jects of general nature. He turned his ewes
therefore. for the preservation Of his RIGHTS. 10
The STATE GOrernmsnts From these alone be
could derive the creates, happiness be expected
in this life. HIS happiness depended on their ex-
istence as much as a new born infant on is
mother for nouFisbment.
The Virginia and Kentucky resolution. are a
part of the political creed Of ANDsEw JOHNSON.
Again and again has be affirmed the principles
thew ASSERT To hts record he refers for th- 70