Year: 1875

Pa0s ..-f ..rr TT .rI l.t 4sJW t-'U-


FEDERAL AND STATE RIGHTS. f -1
GeyERNoR PARKER or NEw-JERsEY ON THE IN
yAsIoy or THE RIGHTS OF BLoUISIASA-THk CON


srruJIIoNAL AMENDMENTS NOT MORE BINDING


THAN IIHE CONSTITUTION al .9u!. lCl af.i5


TarsroN N. j.. Jan. 12-The annual message OF
Gov. Joel Parkep delivered to the Senate and Cen
eral Assembly to-day contained the following COM
ments on the action of the Federal Government 10
reference TO the State of Louisiana T: ~ erovi


Whatever opinion may have been entertained as 70
the mode 10 which some Of the recent amendments 10
the Federal Constitution were submitted, and tho CIR
cumstances under which they ratified by several
OF the states It is universally agreed that those
amendments form part Of the Constitution and as sucn
must be respected and obeyed. The people OF every
sectou regard all questions involyed In them as hnay
settled aud have framed their state CONSTITUTIONS
and local laws as to conform TO their spirit and letter.
by giving equal political rights to oil men wtnou' re-
gard 10 color The entire acquiescenoe In these amend
mepts especially by the people Of the States most
affected by them, is encouraging TO all who sustain inc


Consultation In Its entirety and abide by the laws oil the
hand.


But the amendments referred to no more binding
than the Original instrument Every provision OF the
Constitution ia Of eqnsl foroe and should be strictly oo-
served and obeyed not only By the States ana inc pe
pe but by the General Government. Especially should
tbe organic law be the guide and the limit OF power TO
those who govern aud when by them It's requirements
are the voice OF condemnation ana protesS
should rise all over land from the people n conven
tions or through their representatives.


The recent violation Of the Federal Constitution In
sister State strikes at the very existence Of State
ereignty An unlawful blow cannot be Inflicted on one
State by the Federal power without all feeling its effect
When the reserved rights OF one are encroached upon
the citizens of every State are interested.


without giving in detail the unc0nstitutional proceed
inos reoently had In Louisiana which allusiOn has
been made and with which are familiar, 1t is sn-
cent to state that armed soldiers OF the United States
invaded the State Capitol entered the very hall in
which one branch Of the Legislature was In session. and
forcby elected members Of the body from the seats to
which they had been admitted by vote Of the House to
which they had been elected and their right TO me ber
ship REFERRED that the soldiers, surrounding
che Speakers chair In close proximity by the inimda
,ion OF their presence In military dress and equipment
did drive the body from the legislative hall provided by
law for Its deliberations At the time OF this transac
tIon-unprecedened in this country-there was no inva
sion insurrocton domestic violence existing there
and the Legislature having the right to determine upon
the election and qualifications of its members, had exer
csed that right. and In peaceaDe session engaged
In its Legitimate business.


That such action was clear violation OF the Constitu
ton needs no argument mere statement OF few
fundamental principles which lie at the foundation OF
our system government and which are so plain as 10
have become axiOms all that is necessary Tho first
great truth bearing upon the question is that the
United States Government is the creation OF the States
that has power except that which was bestowed
upon it by the States and that all powers not delegated
are reserved to the and the people thereof The
delegated powers given the General Government are
expressed m the Constitution Another important fact
Is that the sovereignty OF State complete and real In
ts proper sphere and from this it follows that IL IS the
duty of the several States as we'll as OF the
United States, to assert and maintain, in con-
sttutonal manner, their several rights. The
student OF the Constitution Will also observe
that its franers fearing the encroachmens OF the Gen.
tral Government on the rights Of the States,
Jealous Of its military power. aud hence threw arouDd
It's exercise such guards and restrictions as made sub
ordinate to the civil power Before the army OF the
United States can lawfully be used In OF the States
when there invasion there must be nsurrecton or
domestic violence and also application for troops from
the proper civil authority Of the State. The right OF
such application is In the Legislature If the Legisa-
ture is not in session. Governor cannot apply unless
he first call upon tho Legislature TO convene III upon
being summoned the Legislature cannot convene then
and not until then. has Governor the right to call
Federal soldiers into his State


The Legislature could have been convened In fact,
on that day 1t was in session and the extraordinary
sneotacle was presented Of United States army dis
persng by force the very body without whose appca
ton not a single soldier bad the right TO be there.
There was no nsurreetion domestic violence there
was no riot; 1t not mob that was dispersed ana
driven ont by bayOnet but 1t was the Legislative
Assembly Of q sovereign State. That was no ordinary
invasion OF constitutional rights bat stab at local
government In vital part. II direct viola


on OF the Constitution its most important feature,
imperiling the rights OF the States and the liberties Of
the citizen.


Nearly forty years in addressing the people OF
this country upon his voluntary retirement from the
Presidepoy and from public life, the great soldier and
statesman whose name stands next TO that OF Washing
ton on the roll Of American heroes, used the following
language every sentence OF which should be engraved
on the minds Of all who the preservation Of our
form OF government:


1.-THE legitimate authority OF the General Government
ia abundanty sufficient for all the for which 1t
was created and its powers being expressly enuer-
ated be Justification for Claiming thing
beyond them Every attempt 20 exercise power beyond
these limits should be promptly and firmly opposed.
one evil example will lead TO others SUI
sfructige powers, or supposed advantages, or
temporary circumstances. shall ever Dc per
mitted Justify the assumption OF power not gwen Dy
the Constitution the General Government VIII before
long absorb all powers OF legislation, and you Will
nave in effect but consolidated government Every
friend OF our institutions should be always pre-
nared 10 mantaip uni N paired and full vigor, the


rights sovereignty Of the states and 10 connne the
action Of the General Government strictly to the sphere
Of Its appropriate duties


Irecommend that in the name Of NewrJersey, State
which has ever been loyal the Constitution and the
laws and which has all occasions sustained the
National Government in the exercise Of legitimate pow
ers you do promptly and In firm and decided language,
protest against unlawful action OF the Fed
eral authorities IN using the military power OF the
United states invade the constitutional rights Of the
sistor State Of louisiana


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