Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-11-13

ing the recognized force of law, OF by express
In their case, therefore, (IF this pro-
vision referred to them, Chich tCe deny,) the
acquisitions of this clause have been fully com
piled with.
But even if we allow Mr.. Goodell all he
asks as TO the meaning of this clause-hlS
argumen amounts to nothing. Grant, as ne
claims, that il forbids the Government to en-
slave any one or permit any one TO be ensiav-
ed the question still remains, To Uhich 60
rernment does IL refer? To the Federal 20,
vernmont, or to the Governments OF the States!
We answer, it refers to the Federal Govern
ment and to that exclusively. The Unttea
States Constitution was framed to establish the
United States Government. All its genera
provisions refer to that Government Inc
State Governments are rarely referred 10, and
when referred to are distinctly named. Mr.
Goodell's mistake on this point arises from
his misunderstanding that Article which pro-
vides that - this Constitution shall be the SUI
preme law of the land * + anything in
the Constitution or laws ofany State TO thec con
trary notwithstanding."-A 9th. Doubt
less this is so, in all cases in which the Con-
s~titution undertakes 10 prescribe. For instance,
when it forbids the States-Art. l, Sec. 10
''to make treaties, coin money, or engage In
war''-these provisions are the supreme law,
and all the State laws and State action must
give way, and are void. But when, as In
the first amendment, it is provided that ''Con-
greSS shall make no law respecting an estab-
lishment of religion, y + n : or the
freedom of the press, or the right OF the peo-
pie to Petition" &c.: this does not forbid
the States to do any of these things; and the
laws of any State establishing Episcopacy,
or muZzling the press, would be perfectly
Constitutional so far as this United States
Constitution is concerned. This certainly is
self-evident. The first question, therefore,
with regard TO any clause of the Constitution
always is, "Does il refer to and include the
States 2" If so, then all State laws inconsist-
ent herewith are void if not-then, though
the Federal Government is bound by ii, the
States may do in regard to it as they see fit.
Now all the general provisions and prohi-
billions of the Federal Constitution refer, as
was natural, to that Federal Government
which the instrument was expressly drafted 10
set up. When it refers to foreign Govern
ments, (and such are those of the States it
names them. For instance-when it says,
mo person shall be a Representative who
shall not have attained the age of twenty-five
years." and "No person shall be a Senator
who shall not have attained to the age Of
thirty years. it does not refer 10 State Leg
islatures, or restrict them; but TO that Senate,
and that House of Representatives, which i
was then creating. Again, when the Con
s~titution says:
Judgment in cases of impeachment, shall
not extend further than to removal from Office
and disqualification to hold and enjoy any Of
flee Of honor, trust, or profit, under the United
States"
''The privilege Of the writ of hdbeGS corpus
shall not be suspended, unless when in cases
of rebellion or invasion the public safety may
require it,"
"No capitulation, or other direct tax, shall
be laid, unless in proportion to the census
or enumeration, herein before directed to be
taken"
''No money shall be drawn from the trea-
sury but in consequence of appropriations
made by law; and a regular statement and
account of the receipts and expenditures Of
all public money shall be published from time
to time"
''rhe trial of all crimes, except in cases o
impeachment, shall be by jury"
These provisions, general in their terms
do moi include the States, but refer only Il
the Federal Government. No one of thes'
directions has ever been followed by thu
States and, indeed, it is perfectly possible
that in some States there should be no wri
of ''habeas corpus to which the second coulc
apply. All this no one will dispute. If an
one should, let him look at the following
, clause of Sec. Q, Art. l.:
> "No bill of attainder, or er post factO law
, shall he passed."
"No tax or duty shall be laid on article
! exported from any State"
= Do these include the States in their prohi
f billions? If the objector says yes-will h
9 then turn to the next section, (10th,) and eS
. plain why that goes on expressly to enact tina
''no State shall pass any bill of attainder, c
post facto law" &C.. "No State shall, with
out the consent of the Congress; lay any i'm
posts, or duties on exports"
If the States were included before, why G
8 on to prohibit them, by name, from the sam
things, a second time, on the same page?
= In the light of the facts, let us turn to tn
Amendments. They begin with the words
Congress shall make no." &C., &C., they G
on in general terms, like the clauses abov
\ quoted. The States are not once referred 4
Wherever the form of the sentence allows i
the United States are expressly named, as /
q the 9TH, 10Th, and 18th articles. All thes
circumstances show that the Federal Cover
ment alone is referred to. In conclusion, W
2 add
LIST. AS the Federal Constitution primaril
relates only to the Federal Government, III
burden Of proof rests on any man who assert
If thai any other Government, as that of Franc
England, Massachusetts, or Carolina, is r
If ferred to and until he shews it the natur
object of the words, as applying only to tn
general subject of the whole instrument, is
d be taken as the true one.
I'd. That the Amendments restrict onl
the General Government, and have no reli
" ton 10 the States, has been uniformly hel
10 by State Courts pennsylvania and Me-
Ie York. of the highest authority and by tn
h United States Bench, when there was no ell
if ment of slavery in the question at issue
st warp their iudgment.-See 7 Peters 243.,
f. Cowen 8ls., 3. Cowen 696., II Ser. and
lie 900, g. Wendell So, 10. Wendell 40.