New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-29

"a tffnr<I H.
According TO the prescribed forms and so. nnl- ~
tng suit or determining The lite to propsrsys 'sr<
Lore Coke esplsiIs due Troceess Of avs % h 81
mtut or prsseutment OF GOOD and lassui NJ, y ne
dtds DC done IN due name, OF BY suit orisn. q, -
The DEFENDERS Of the eonstita'ion.lity Ct s,,.,
driven 10 the niion that soeh spccide den.s Of n. -
6uers Of the Constit uton are lmitsuoas A.
of the Fss ersl Go, only They ay tb., % s.
frrrd that The limitations Federal ,ywer Va. ~
situ ION co.'s not point out whether hey "a F.-
STATE power Whence. bo~.yer l. Tins pfe, .na. 10
From Tho fact Il Is spswered, that the Feier, ~ y.s
sub,c. matter o'thc Cons,iufiOns thai q vaeb
thar which II e,naiutes But The Constitutes 49,
merely fr establishing the Federal Gcv .rura-,s 4
irg it, character and iGts Il Is ESQ p.psr a. -
minirg the boundaries e State sathoritr a. "a
latter purpose is 40 ess important ese-A
left rothus nferet &c IN this matter Is DOES ro %
iIecusnt rceuIrsnes OF ths word Coarrsss p -
mske Il entr. ~ plain that the eighth and ninth sctk,s
6rst article of the Constitution devoted to An aaY
Of the po~ers anil disabilities o. Congress. Nork - -,
that the tenth section Of this article taken % sitb a.
rneTAtion Of the dlsshhties OF The states 49, -
copy OF the Constitution, printed "a Virginia IA
"Resc'ions urou Congress Is A. the he.d Of the ns,:
tion AID Res'rciions upon respective ststss 10 ~
tenth eeti would have been a. unnece.sar, a. tn
OF the word Ccnges the unth section had the -,
i the denial Of Federal powes by the euaner.
Federal powers.
So far Then as ,bese section. concerned 3.
loosens of inference 70 oeferu whether the
applicable to State the Nation One Of the ,ec,r.
isrs Limitations the Federal G0yernm.Lt, The e.
the lAuer limit ious extent identical with ~ -
and wcu Of course not be peaed were bat g.
could his other Government bel And yet, AVOID n -
sify OF Inference the word stSe Is repeated several
&C n. eiion ~ih these latter Limitations. Aud
where in he original Contribution eher before or ts y
three seetous which We Rave referred TO- IL let TO be
whether the powers granted National or State pcwss S
where is there such une. rtaif ~.
We viii fsse up the ancndm, nts Of the n'taHa
Is them thar find those specific denias OF the de1i
sud violation OF rights whis forbid slavery sash aen
nssnce hist person hall be dspIiyed Of lie ~
- or property without due process Of law" VI
Congless. The hst three and the last DO In ters a.,
the Fefers Cove nmert and o tha, only la the a.
most Of The remaining their application IL ms,-
inference. While however 1t would DO gross yll.lnl
the q inference that hey apply 20 tbs Fdsra
eminent or H. il would be In perfect accordance with
laws 10 saw that asmuch part If the merdmenis %
pressv 20 that Government sniy he remainder refer n
The Federal and State GoSernments, or TO state
B,eauss the first one Of the adopted smendmens rss-
tressg he Federal Government, an e. thar only, then
many persons who axe Il for granted that toe
az endnents follow this lead of tie fist, and have the ~
ref,rerce the first They would not take this for p
however Did iheJ know q at this ifs Of the Sd0o,ed
msnts was the bird Of the proposed snenimetts and y
cane 70 b. numbered the fast ony because the pecsi5
we tejesed Ii is entitled therefore to give no lead
ccrpplesiou 20 amendments which follow IL And As
cusou ak ned but strengthened ty The fact As NJ
two amendments both express referred 90 the Fedee
eInmfnt. would here add what may not be snovnniI
thar the eleventh and twelfth OF the adopted aendnf
proposed By Congress alter ,he oher en- wete sdaP'ed
ln s6Ciiion 10 the have given why oar. d.l
auendms Of he Constitution refer either % the sh
rNcusiyeiy 10 both tbs fedelal AID 6ol
euments is that which arises from the fact that they
theiI meani applicable TO State 6orenr3
70 the Fedora Goyeinm nt 70 say that such ameair
ss the second third aud fourth, not INTENDED -
ply the whole nation, a0d were intended 20 apPl "A
to the little hand OF persons under the exclusive us
of the Federal Government IL 20 vhs cannot Nc defl
Ah ifthere be only reasonable % ubt that the Hth scJ
refers exclusively to the Federal Governme0t Lad
liberty is entitled the bene 6t of every reasonsble du N
this is in which human liberty IS most emphAreIlsI
cerned
of lesrnrg whether the amendments IN question are
mot on State IL enough n
are In their terms nature snd manipg, as suitably im
on the Govern of State on the National Coye,s
Tepe such atoms bound believe that the ~
when adorting ihese amendments by their Legslstur ~
pIeod them having the two told application which real
for them. Being such linitatocs. we must nsst shets
fathers did OF did this two-fod application Be4s4
hbitiors the Government a state as well as on
tions Government must, in the name OF religion
son OF God sud protest ssnst limiting the pohihn.
tie ationa Government for the exceedingly wicked v7si
OF continuing boncsge of mil ions u our f.llowmea
had The right by reason of any ooscuy Ia the ktt
Of the Constitution the point under consideration, sd
any other cause 40 into CD atera evidences OF toe @
Of hese teschrgs should find our nterpretaon IFaf
ened but confirmed
all of hem which concern present arsumeDt wen ~
fn the lin of Rights which The Virginia ConyeDon yx1
20 have Incorporates with the Federal consntutoh AEt
auuch this Bin of Rshts speaks neither OF ConseaNsd
FedersI Cove uent is language i TO be construed 4
applicable 10 state than 20 he Naion, as poydns ~sHl
less a.ainst the abuse Of Safe power IN IN Feds ~er
Asap: in the Congress which submitted toe anenen.1s9
Me- lion the rst person % move n the matter nEf
and the other State powers. lis proposition proydasE3
them nteIw In the original Constitution FOR bal
the ne cations Of Federal power BE- ioc uded In H
section oi the hrst article, ana he nessuons oil sts
the tenth cton of that article Ana what Is more stnQ
the which he proposed 20 iocude this tssf1
ten are only substance but almost precisely hey
identical with which became part 81 eto1
ution. IL IN the following words hat ar. Madsn n
fed his proposition TO restrain the etses; tnns "
nore ger Of these powers being abused BY the sn
ernmeDts than by the Government OF The United w
Il be admitted On all hands that the state osreeY
are liable 20 attack these invaluable pn EGGS asnsr1
"era Government is and therefore ought TO DO as -
guarded against" should, therefore, wish 70 ernaJ
int Giciion aud add that DO State shall violate &c
was any restrain the Government Of tho Un,t
from infringing these essential rights vas e9nAy -
ssy that they should be secured sgsns tire State Oovens
He thought that If they provided sssln,t the one -
Necessary provide against The other and was sAn'
would be equally grateful to the people.
TIE House of Representatives did not ADOPT Mr. We
piar Of distributing the amendments thrdush the or
siiuon and thus expressly applying one 10 the Feasa
another 10 q State GoyefDmt ut On the c'huaiysa u
Il IN a SUI emo TO the original Constitution, an ~'
Of the couchsd terms that rerder them equally I'll
either 10 one Government the other 10 must NOT gJ
ten that Mr.. Msdsons plan ives embodied IN rerotnA
nilt and ~ss kept before lie uouss ot a h 1r1
must i be forgotten that whatever may have o-en sAg1
or that speaker in respect TO the application o. .@1
Amendment, no vote was aiken decafi1g na. Gu " ~
of The M. Moments apply 10 the General Ooyenment -,
howeyer Is still more memorable s that there wSs1
tsien which shows that the House old not mean 70
the apply % the General tOvernmen. w
vote ives On the 70 10 wing proposed amendments Nsf1
rheu be subject 10 case OF impeachment 70 no1s ~
trial or one pun shment for the same ohense, nor
teed 10 BE- wi ness sgainst himself nor be deplsehH
6lerty OF property without due process OK law ~
Psitdfe of Massachusetts eyed 10 insert after sAas~
he wofls: BY any law Of the United ststesp III
faed; and it's failure proved that the House would ra
St,te "a " Il as the nation from suoh oppression -
A. he Senate sat with closed doors we kno" 81
lis proceeding in respect - the Amendments e'e'rI
cotcured with The House in recommending them; ~
will say no more IN regard 70 the meaning o. hs
nen,s ls II claimed that IL the original Consfituum
Slavery ard the sDeudmenis Al slavery, tne osTs4
,;iiuti0n shall prevail against he amendrnenisi
II be claimed the IA IN the case 81 -
have its repugusnt Language prevail against Ie Sss63
1mepSmf nts Of the Constitution the codicis -
tuttn; ard II anywhere they conflict with II tne w.
yield ...,. hvt -
have pow done not only will the amen rnsns ~ -
en- ire Consii ut!on. WthiE the compass Of sDesTL
seuld Of urse, comprfe but an outline o. w -
commend 10 nv hearers the Arguments OF WlhAh vSS~1
Lvsaoder Spooner on this subject IL must or
an intelligent person rise from the CANDID
snorrers booL entitled The UnconstitntonaIy -
without being convinced by its unsupased losc p'
slavery fnsdf no protection ia the Constitution f.st
sed that have now dote With the ConsiIts'yan 81