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Proceedings and Acts of the General Assembly, 1876
Volume 199, Page 698   View tiff image (54K)
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698

JOINT RESOLUTIONS.
 

2. That the Federal Government derives all the

Derives all

powers that it has, or that it can rightfully exercise,

the powers.

and that it exists solely and entirely by virtue of the

 

written Federal Constitution and its necessarily

 

implied powers; and that all the powers of the

 

Federal Government are grants and concessions

 

from the several States, composing the United States,

 

and are limitations and restrictions upon the powers

 

of the several States, voluntarily parted with by the

 

States, and granted by them to the Federal Gov-

 

ernment.

 

3. That the Federal Government and the State

Separate and
distinct.

Governments, although both exist within the same

 

territorial limits, are separate and distinct sover-

 

eignties; the States, by virtue of their inherent and

 

original sovereign powers, with which they have

 

never parted, and which they have expressly reserved

 

to themselves, "or to the people thereof," by the

 

tenth amendment to the Constitution; and the Fed-

 

eral Government, by virtue of granted and conceded

 

powers from the several States.

 

4. That the Federal Government, and the several

Have the

State Governments, have the power and the right

power and
right.

of acting separately and independently of the other,

 

each within its respective sphere, and that the Fed-

 

eral Government, within the just limit of its powers,

 

is supreme; and the several States, within the limits

 

of their reserved powers, or powers not granted to

 

the Federal Government, are as independent of the

 

Federal Government as that Government, within

 

its sphere, is independent of the States.

 

5. That the President is, by the Constitution,

Commander-
in-Chief.

made the Commander-in-Chief of the Army and

 

Navy, and that the President, and no subordinate,

 

as such, can rightfully execute any office, or perform

 

any official act, except and unless the same be in

 

accordance with the law of the land. That it is a

 

fundamental principle of our systems of Government,

 

both State and Federal, that the military ought

 

always to be held in strict subordination and sub-

 

jection to the civil power, and in the opinion of this

 

General Assembly, this principle should always be



 

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Proceedings and Acts of the General Assembly, 1876
Volume 199, Page 698   View tiff image (54K)
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