About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Report adopted by the Legislature of the State of Georgia, on the Resolutions of South Carolina and Ohio. 1829 79 (1829)

handle is hein.slavery/ssactssc0232 and id is 1 raw text is: 79
the United States, with the request that the same be laid before their respective Lei
gislatures.
6. Resolved, That the Governor be further requested, to transmit copies of the
same report and resolutions to the Senators and tepresentatives of Virginia in the
Congress of the United States, with a request to the Representatives, and instruction
to the Senators, that the same be laid by them before their respective Houses.
Agreed to by the House of Delegates.
GEORGE W. MUNFORD, C. I. D.
February 21st, 1829.
Agreed to by the Senate.
ADDISON HANSFORD, C. S.
February 24th, 1829.
REPORT
Adopted by the Legislatur-e of the State of Georgia, on the Resolutions of
South Carolina and Ohio.
House of Rlepresentatives, Dec. 10, 1828.
The Committee to whom was referred the resolutions from the States of South Ca,
rolina and Ohio, have had the same under their consideration.
As the subjects referred involve questions of the deepest interest, touching the fun-
damental principles of the federial government, the sovereignty of the States, causes
of complaint for infractions of the Constitution, and encroachments by the General
Government upon State rights, as well as the rights ofthe States to redrcss their wrongs,
your committee have devoted their serious attention ind grave consideration to the
subject which the magnitude and importance of the questions involved require. And
from the view which your committee have given the subject, they concur in the
sentiments and resolutions of the state of South Carolina upon most of the subjects
involved in the discussion.
They entertain no doubt but that the Constitution of the United States is a federal
compact, formed and adopted by the States as sovereign and independent comms-
nities.
The convention which formed and adopted the constitution, was composed of mem-
bers elected and dLlegated by, and deriving immediate power and authority from the
legislatures of their respective States. Its ratification depended upon the Legisla-
tures of the States, each reserving the right of assent or dissent without regard to
population.
By the Articles of Confederation of 1778, which was a compact between the States,
there wasa special reservation of all rights of sovereignty and independence, not
thereby expresslydelegated, which proves conclusivly, that prior to entering into
that compact, all the rights ofsovereignty and independence belonged to the States,
and were complete in them, and that they did not intend to divest themselves of any
of those rights, except such as were expressly delegated.
In the constitution of 1787, the powers delegated are clearly defined and particu-
larly enumerated. The amendment t6 the constitution is more explicit. It declares
that the powers not delegated to the United States by the Constitution, are reserved
to the States respectively, or to the people.
The States were granting powers to the General Government, and as they enume.
rated the powers ganted, it was useless and would have been superfluous to have
made special reservations. The aflirmative grant of powers enumerated, operatesan
exclusion of all powers not enumerated.
The States in forming the Constitution, treated with each other as sovereign and
independent governments, expressly acknowledging their rights of sovereignty, and
in as much as they hested themselves of those righth only which were expressly
delegated, it follows as a legitimate consequence, that they are still sovereign and in-
dependent as to all the powers not granted.
The states respectively, therefore, have, in the opinion of your committee, the un-
questionable right in case of any infraction of the general compact, or want of good
Eith in theD performance of its obligations, to complain, remonstrate, and even to

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most