The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1879-05-29
GAS TO STATE SOVEREIGNTY. :"


able editorial in the Milwaukee Sentinel
of Friday in which an attempt was made
to prove that the states are creation OF
the federal government, and that the
existence of the United States as nation
was antecedent to The establishment OF
state governments, though of course not
under the present constitution. That
this position is not tenable the facts OF
history will demonstrate. Neither is 1t
true that the theory of state rights is not
in harmony with the temper of the peo-
pie. The right of state to secede from
the union is q question which was set
tied by the arbitrament of arms, and the
late war is the only adjudication ever
had on the subject. The theory of state
rights carried to the extreme of seces-
sion when an individual state felt that its
interests were imperiled by remaining III
the union, has been disposed Of adversely
to the advocates Of such rights. But the
history Of the adoption of the present
constitution, (Which made the United
States a nation entitled to the allegiance
Of the people,) gave sufficient color OF
justice to the claim Of peaceable secess-
ion. 1t was understood by the states,
and not denied by those fayoring the
formation of a strong central government
that secession was allowable in case the
form Of government adopted proved dis
tasteful or unsuitable Those who have
made a study Of the situation immediate
~ following the adoption OF the constitu-
lion. state that it was extremely FORUM
;.te that the federal party first came into
power as their Interpretation of the con.
stitution and the powers exercised by
the government in consequence, did
much toward modifying the opinions
entertained of the extreme rights OF
states. This reluctance of the people to
make the national government supreme
over the states, goes to prove that the
states were actually independent sover-
eighties. But we are not left to conclu-
sions reached by reasoning to demon
strate this. The articles of confedera-
ton adopted in 1871, declare in terms
that the United States are a confedera-
ton Of states, and that leach state re-
fains its sovereignty, freedom and indie
pendence, aud every right, jurisdiction
and power not expressly delegated to the
United States in congress assembled. J"
The articles of confederation, be it I'M
derstood, was not the work of the people
but of the states Can any declaration
Of state sovereignty be more positive
than this? How carefully the states limit
the powers conferred on a confederation
which was their own creation. The
insigniffcance Of the United States in
power rs compared with the power of the
individual states was sufficiently illus
frated, until the nation known as the
United States came into being by the
adoption of the present constitution. In
the contentious words of a writer of that
time, the United States "could declare
every thing and do nothing" Foreign
powers refused to treat with 'the
shadow" and dealt directly with the
Sovereign states" 1t seems that if the
union were older than the states, it was
well shorn by them of its powers and We
may say that there was hiatas in its ex-
istence.
When the states adopted the constitu
ton declaring that ''we the people, dc
ordain and establish this constitution,
some Of the powers exercised by tht
states were surrendered to the new gov
cgnment then created. Ever in the
struggle pending the adoption, the
sovereignty of the states was frequently
enunciated. The constitution itsel
bears evidence Of the rights of the state:
70 become an integral part of the nation
or not The ratification of nine of til,
thirteen states was needed to create ;
nation whose authority should be su
preme over the states SO ratifying, il
certain particulars. Some of the state
entered very reluctantly. New York want
ed 10 adopt the constitution conditionally
If the government OF the United State
were an entity before the adoption of til,
constitution, the adoption by nine of th,
states would have been an adoption b,
ALL and the assent Of New York, Rhode
Island and North Carolina after the othe,
ten states had adopted the new form o
government, if form it was, need not bt
required, before the government
hld claim upon their ale
glance. But If the union antedated the
existence of the states, the power of ;
state to soeede from the union if it die
not approve of new constitution was b,
the constitution itself affirmed in its
fullest extent. The United States are
nation to-day, but the adoption of an
amendment to the constitution by three
fourths of the states Is binding on ALL
The right of nine states to withdraw
from the union, if the amendments art
repugnant, no one viii assert.
We find that not only did the states
surrender many powers to the general
government, but after they became q
part Of The nation by their own acts, the
northwest territory was ceded to the
general government by three Of the
states. Explorations by state gave il
title to the territory so explored. The
charters obtained from English kings
were not the source Of the states title to
tbs territory. II the revolutionary con-
gress, secured the independence of the
colonies as a people and not as indepen-
dent states, the title to lands over which
the colonies exercised no control and to
which they could lay claim only on the