Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-03-13

IN the OnlOns must ha'e Poi't~"' VI
ganization.'
Is il not as much Of seeming paradox
that State should cease to have Legis-
laturc. an Executive and Judiciary, aud
still be u State, as il ~ to conceive OF Q
State without Constitution? But Mr.
Hendricks assures us that q State 10 be a
State in the Union must have political
organization. II he means by this that a
State must have an organized government,
under n Constitution, 10 be Sa IN he
i Union. hen MATES ly he rebel e. dur.
ing he war had no poll ical oreaniza ions
under heir Ssa'e Coust'u ions excrp hose
which were rebel through aud 'hrops h.
and bending all he power OF these siae
organiza ions % he purpose Of des roying
he Government aud dismenbering he
ma ion Ii his is what he means, he re-
sui of he logic is, thai s-Sebel Lcgisla-
,'ure, rebel Execu i've and rebel Judi
ciary are be er bond of union han no
Legisla urc, no Executive aud 10 Judi
ciary a. all. Is not ha, ano her seeming
paradox?
But suppose when il is said that State,
to be state in the Union, must have q
political ganizaiion. an organized govern
mcnf, under Constitution, Is not meant,
but simply Constitution or frame work OF
COVER nineut. ] hen | say this is anere as.
serlion; and ask the Senator why. il n
Stale may be a State in the Union with.
out Legislature an Executive, or a Judi
ciary, il msy not lie State in the Union
without Constitution?
The Senator gives his reasons in the
extract already quoted, aud 10 doing so
shows that he has progressed 50 far in his
education as to PROFOUND an entirely new
iheory-onc which Madison. Ilanilton.
Jay, Marshall. Story and Webster never
dreamed Of That theory is. that State
Constitution is not only the bond OF politi
cal organization in the State, but to some
extent the bond that holds il tothe Federal
Union. That the Constitution of State.
wi en- the Suite has been admitted into the
Union, becomes a part OF the Matte nal
/ Union and compact" and. therefore, while
the State may amend or modify its Con.
stiiution. it cannot ahrogaie or destroy il
deny this whole theory, deny that
The Constitution ofany State in the Union
ever was a part of the Constitution
OF the UuiIed States. If cur Gov
ernn.ent is formed upon compact sr
oil e. question abuur which jursts and
s,ai,snca have dlI,red) that compact is
contained in the Constitution Of the Uni,
ted States. and nowhere else. According
10 the theory | am now combating, State
Constitution becomes. by the admission OF
tie State, part aud portion Of the c,ni-
pact-that is. part OF the. Constitution Of
the United Siaies; and such State, whist
II can not destroy its loriliu,ion, aud
thereby destroy the compact aud cease to
be within the Union. still may amend its
Constitution, aud thereby amend The
national compact or the Constitution of the
United States. Was ever such q theory
Of government brOached beiOrtY A single
State amend the Constitution Of the Uni-
ted Staiesl Amend the compact under
which tie nation exists
In the year 1916 the people of the
Territory OF Indiana, in pursuance of an
enabling uci Of Congress, called tonsti
tutious; Convention. That Convention
famed the Constitution under which our
State was admitted into the Union. The
language Of the preamble to that Constitu-
lion was as follows, viz
"We. the representatives. Of the people
Of the Territory of indiana &C., "do Or
dain and establish the following Co0sliiu
ton, or form of government" &C..
In 1919 the people Of the State called
another Constitutional Convention to
''dmend, otter or reUise'' tie Constitution
OF 1916, aud that Convention met in 1861,
(Mr. Hendricks heing IA member Of il
and made the present Constitution Of the
State, which was, in 1851, ratified by the
people.
This Constitution, which Mr. Hendricks
assisted TO make, does not purport to be,
and in ~ proper sense is, un amendmen,
oil the old one; but it purports to be, and
essentially is, new instrument. The
language is not the language Of amend
meut. but the language Of creation. Ii
says in the preamble. ave, the people OF
the State OF IndIana.' &c, "do ordnin this
Constitution" The schedule to the new
Constitution of 1851, says, "this Consti
tuition, ii adopted, shall take effect ON the
fist day Of November, 1851, and shall
supercede The Constitution OF 1916"
! L adduco these facts to show that the
power to amend includes the power to
abrogaie according 10 the decision OF the
Convention of 1850, Of which Mr.. nend-
ricks was member, and in whose action
he concurred Nib tic-e facts before us,
it follows that the State. in 1851, stole
march on the nation, aud quietly slipped
out or withdrew the bond or ligan cnt
which bound il 10 the Union, and substi
tuted. or slipped IN the place of it, new
bond or ligament intended to perform the
same Office, without so much as saying to
Uncle Samuel "by your leave, sir" or. iu-
deed, without the old gentleman being
aware that the operation was being PER.
formed.
The doctrine that the people Of. a State
cannot, in their sovereign capacity, en-
tirely abrogate Constitution which is
wholly the work Of their own hands.
whilst they may amend it; and the otLer
doctrine that the abrogarion of State
Constitution would be dissolution of the
Uuion, arc both utterly without iounda-
ton ia either reason or authority. The
Constitution of State is no less the crea-
ture of the people of that State than is the
Legislature, the Executive, and the Judi
ciary, aud, as a question of power, il the
one may be destroyed, so may be the 9th
er, and still the Union be unimpaired, and
the Jurisdiction Of the United States ovei