Page:State Documents on Federal Relations.djvu/65

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 * From this view of the subject, the committee are of opinion, that the constitution of the United States, has been violated by the decision of the judge, and the constitutional rights of the state invaded. The question then occurs, in what manner is a state to defend her rights against such invasion? It has already been observed, that the constitution of the United States guarantees to each state a republican form of government; that the powers not delegated to the United States, are reserved to the states respectively without entering into a detail of the rights reserved or not delegated, suffice it to say, that "the right of acquiring, possessing and protecting property is one." If this be not one of the powers not delegated, then indeed a state is in a worse and more degraded situation than the most obscure individual, whose property cannot be taken from him when fairly acquired, without his consent, even for publick use, without a compensation. In the case before us, all the constituted authorities of the state, have uniformly asserted their rights, and protested against every attempt to infringe them.