|
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
|