Daily Los Angeles herald., 1878-11-08
usslss Hsrala.
/: :;=-;-.-3 On state Rights
,o,.c,rII-Union.l ]

,Record- union.l COR
ssttee Of the Whole III
f<6nsIitutional ~ 1s7s,
sdnesdsy, OCT. ov' of The
fhe consideration VI w.
e< :nr h,sn's, nnder consideration
eec:loh reported from the the -
9<lon 2, Presmble and Bill 7
NJ g 10'Iv We recognize the nj,
.s,cn Of the United S.n'e os ID
;ss ~ q the great charter OF n
< srties and the pata"o"A
26c-srd ~ moved to strike out Z
12eS.Srd iusert the follow. al
~ the United sta.sS s;1,tv ~ +
-, - tke powers Of sovereign.y
xs~;Sed between the Govern
"a trs Union and those OF the
Thev are each sovereign
'e>-cect to the objects COM
~ ~ ~ and neither sovereign
a respect to the oojects co"
~ to the other" .,,s
Howard-I object to TINS
~, sir. because 1t practically
q ~ the states and the Constr.
~ IL the States as any part Oh
eSsrtsrs of American liberties.
-. slr, that proposition 10 untrue ,'
kfnricelIy, and is untrue iegaiiy.
+. - "a fouudstipn, either IN ms.
-. 4, IN law. II tho proposition
han that the Constitution OF
fIrifsfI Gtates and the Constr
3scn ~ the State Of California
~ The charters VI our liberties, !
<cnld not have objected; but as u
4 |nov. air. 1t is clearly In opposi-
- 10 the spirit OF the Constitution
~ United States itself. Now,
= the language which L-have
Snooed is that of Chief Justice
|SSohall, In McCulloch VS.. the
- OF Maryland. 1t il succinct,
! - clear. 1t IL unmfstakable; and
3 noooxnixas the true theory OF
a6noTican government. He says:
I'm Amorica the powers Of SOW
|n1entr are divided between the
DVoenment Of the Union and
80 Of the States. They are each
1oroign with respect to the OBJ.
- committed to 1t, and neither
9oroign with respect to the OBJ
|G1g committed to the othsr.n
|olg, cir, II we are going to recog-
- the Constitution as the charter
l. our liberties let US recognize 1t
r The Constitution OF the United
Atos; that all the reserve powers
~ sovereignty are in the State
"a not In the Government OF the
fnlon. And therefore it necessa-
|ly follows as Q result, from the
<press provisions of tile Constitu-
|op Of the United States, reserving
the powers not granted, to the
|lates or to the people. And that,
||k, In late case has been held to
y the law. 1t is SO held after our
|pnstltutions have escaped from
;>e contests Of the rebellion. In the
kre OF the United States VS.. Dale,
th Wallace, 424, the Court says:
E1he General Government and the
ates, although both exist within
- same territorial limits, are sep
||ote and distinct sovereignties,
Sing separately and independents
Vat each other within their re-
octive spheres. The former In
appropriate sphere is supreme; /;
rs the States within the limits of
|Eo1F powers not granted, or, in the
4gpage of the amendment sre-
5yed, are as Independent of the
neral Government as that Gov
tment within its sphere is Inde-
edent Of the States" Now, sir,
Ne are going to talk about charter
liberties at all let us talk about
whole charter. Let us take the
>Runge of the Federal Courts, who
that the States are sovereign
- then reserved. That is
~ setfled. That admits of
oontroversy. This attempt of the
~ Of Rights to ignore the
~ is, to say the least, blunder;
D lot me add, still further, that
(here is State In this Union
~ ought TO insist upon State
4t1S tuab ought 10 maintain
pc sovereignty, it ia preciselr
4 State Of California, In it's ,.e.,
position aud in It's press n. a,ii
- with regard to several very
portapt questions. New. sir- Il
s the intention of tha trainers of
present United States Cousti.
!oh 10 maintaiH. State livhts-to
nfain the sovereign character
ne states as to NIL powers grant
90 the Federal Government; and
2yetore when this bill of rights
o:eA practically, the govern
~ Of States aud sets up the Con.
ution Of the United States,
ottcAlly, as the charter of eur
3ertiess 1 say that 1t is mistake
toficaliy, a mistake in Law, and
: blupder all around.