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Proceedings of the Senate, 1876
Volume 414, Page 177   View pdf image (33K)
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1876.] OF THE SENATE. 177

10th amendment to the Constitution, and the Federal
Government by virtue of granted and conceded powers from
the several States.

Fourth. That the Federal Government, and the several
State Governments, have the power and the right of acting
separately aod independently of the other, each within its
respective sphere, and that the Federal 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.

Fifth. That the President is, by the Constitution, 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 un-
less the same be in accordance with the laws of the land.

That it is a fundamental principle of our system of govern-
ment, both State and Federal, that the Militia ought always
to be held in strict subordination and subjection to the civil
power, and in the opinion of this General Assembly, this
principle should always be maintained as one of the very
essentials of free Government.

Sixth. That in the opinion of this General Assembly, the
continued existence of the Federal Union itself, not less than
the continuance of the States depends upon the preservation,
and the strict observance of all the rights, powers and limi-
tations belonging to, and qualifying each respectively.

Seventh. That the powers granted to the Federal Govern-
ment by the several States, are specially enumerated and
stated in the Federal Constitution, the several States have
reserved to themselves, or to the people thereof, all other
powers. That the right to select members of the State Leg-
islatures ; the right peaceably to assemble ; to make laws
for the State ; the right of each branch of the Legislature of
each State to select its officers ; to make rules and regula-
tions for governing its own proceedings ; to judge of, and
determine the election and qualifications of its own members
are matters which concern the people of the several States
alone, and with which the Federal authorities cannot right-
fully interfere, and in the opinion of this General Assembly,
any interference therewith by the Federal authority, is un-
just, usurped, and in the highest degree subversive of free
government and dangerous.

Eighth. That entertaining these opinions, the General
Assembly of Maryland, considering that in a time of pro-


 

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Proceedings of the Senate, 1876
Volume 414, Page 177   View pdf image (33K)
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