New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-29

tration necessariy leeds to collision the remedy mus,
be sought within the scope Of the legislative depart
Mt, or, BY the primary action Of the people, within
their scope, by an amendment to the Consultation
ITSELF This Court has no power to remedy tho defect
is properly restricted TO the Interpretation and al
mnistaion Of the laws as il finds them and must 30
administer them, become faithless its high and
solemn functions and obligations.
Bat, az l said on former occasion, aPprehend
zone Of these dangers. The line of demarkation j
not very DIM and Just regard 10 the appropriate At
tributes and powers OF the State and Federal soyer-
eighties the part of the functOnares of each, s
the safeguard which the Constitution has Itself provi
ded against all attacks; which has hitherto proved
adequate to every emergency and which was deemed
by s fameIs safer and wiser than 10 provide one
sole exclusive and ultimate umpire in either which
might a. its option absorb the pOwer and sovereignty
Of the other.
Indeed, il may well be affirmed that this very d.
vision Of sovereignty between the States and the
eral Government, without providing in either ulti-
mate and exclusive Judge of the respective powers of
each but binding al alike to fidelity and obedience to
the prescriptions of the Constitution is not the least
max Of the wisdom and foresight of those who framed
this complex and novel system. On the hand, If
tie sole power of determining upon the respective
powers of both Governments, were confded to the
General Government, il might lead To eneroachment
upon, and ultimate exnguishment Of the State SOW
eighties ON the other were il confded 10 the = ates
tie powers delegated 10 the Federal Government
might, by one, be impaired, or swept away, until
az length il would be left powerless to accomplish the
objects of lis creation But by prescribing deiinvely
tie powers delegated 10 the General Government, by
specific grant on the one hand, and, on the other
by declaring in their fundamental aw that the power
and attributes Of sovereignty not granted or REIN
quisbed reserved to the States and to the peo
PIE H. Federal Government was ordained TO on
within It's sphere, distinctly prescribed by ITS
charter and the States left in the full enjoyment
end exercise of the powers of complete sovereignty
with which they had not partede0ch oPerG,tPg as a
h he 9TH nj
J,reme rithin their appropriate sphere-each query
and almost imyerceptiJly rfPuts,Rg me other rAeH
crer the prescribed line SHOULD BE- orersePd-edch, ~
the n,ces.orv OprdfiOn of rs own functions, constant
IN adnonishing the other of ats approach to the line Of
demdrkatioR and, IN us turn, beng adm0nishcd OF
its ouR adrdace by tie proximity Of tie other. Occa-
sonal conflict would sharpen investigation, whet of
ca conscience and thus lead to correct understand
ing of the true boundary OF jurisdiction; and fidelity
TO tie great, fundamental and paramount law, 10
which the officers of each sovereignty are equally
bound would restrain both and all within Their true
and roper limits.
Such was the theory of the trainers of the Consttu.
ton Of the United States, concerning it practical
working upon a free and intelligent people, already
thoroughly schooed and disciplined in the principles
end practice of sefgovernment; and time and expe-
rience have fully justified their opinions and their
faith
The course of the argument of counsel upon the
review of the positions assumed by the justice OF this
Court to whom the original application OF the petit
toner made without referring, or attempting TO
refer specifically to the several objections taken 10
those POSITIONS makes it proper for me to refer
bI, v and in very general terms to some OF the prop
oeitions advanced as that this court Is bound, aOso
lutely, ty adjudeations in analogous cases upon an
analogous statute by the d. ci, ions of the Supreme
Court of the United States that to the decisions of
tha court bound to yield as to the decisions ot
conceded appellate tribunal with Z" dignified judi
cal subordination.
I cannot yield my assent to the proposition. ! do
not so und, slard the relations Of the respective
courts, Especially, were the doctrine admitted in
ge, eral. without danger or detrment, it would be
fatal TO gnize it in like this involving the
personal liberty of the citizen brought under examine
ton through the nstrumentaty OF the writ OF Habeas
Corpus.
| cannot here 90 over and attempt to sustain those
nositions first assumed They assaled by assumed
authorty, and by such authority only. Let authority
have its lust weight the one hand, and reason ana
History on the other. But, as admonished by the
Eatl,r of our country familiar with the difficulties
and obstacles which nterposed to the formation OF
our National Government, to recur frequently TO ele-
meLtary principles it may not be improper, IN recur
r. nee to those undament al principles OF our Govern
n emf. TO refer 10 what would seem an obvious and
rrimary pipcple by which the Federal compact IL 10
be interrupted and for this purpose TO look to the
origin as well as TO the contamination OF the system OF
goverl ment established thereby, VIZ: the source oil
Eed, raj mower and the ertent Of the power derived.
Tie Constitution of the United States Is, in Its
uSe essentia and fundamental character, tJrpartHe
il strumt Mt The parties to il are: IaE STATES, NE
PEoPI E. and The UNITED STATES. The latter IS ~
deed a resulting parry, brought into existence by II,
but when thus created bound in oil respects by lis
poysions II is practically represented by ITS sew,
ers departments, deriving their powers uIec'3 dua
e.yerafy through its respective grants IL is deny-
alive not original Previous to the operative vtahty
of the Constitution hs third party to the instrument
was non xistent and Of course poweress Inc oher
two PARTIES the States and the People, were preeAist
ent, endowed with all the essential elements OF soVer
eighty. ,,.o ,.ao
One great and fundamental mistake has been mace
in respect to the second party to the federai 'ohst
tuition, viz: the People. This party, here spoken OF,
cspnot be considered as the people lnhaoltlng the
Whole territory embraced within the boundaries OF
the original thirteen States as operating IN mas, a.
one uI divided and ndivisible community FrcViou5
TO tie formation of the Government OF the United
States there was 10 such political existence; ana OF
cou,se there being no ,uch Government there could
he pe ople OF such Cove nment, or political DIVISION
or organization. II is unnecessary IN ms connection
TO refer to the confederation OF the States because
Il at did rot in fact constitute GoIerhmenti hoi
will any ole pretend that the people OF the conieder
aed States or, ated the present Federal Government
in Their capacity Of primary and ultimate source OF
! Official power, operating TO institute new and otg
nal gov lnmeni; because 20 have done TINS, they
us have necessarily first dissolved the State uOVer-
ept- under which th y were then living and acting,
al d absclved themselves from allegiance thereto;
They did no such thing. The people mentioned
in tie preamble to the Constitution, and often reiered
10 IN JUDICIAL uscusslOnr, must, Al SVcH w ' ;:
sariy can the people of the United States that !:
D, ople of tie several States united go many UNI
lin o a, were deemed sufficient number To warrant
in.t Lon of the new Government ana rendeI sac
the delegation Of certain powers before possessed oy
tie respective States. The State Government. Pre-;
existed. If portion of the citizens OF state hal
a.emb,d to dvest the State of an attribute OF ~
severe IL nty without the assent OF the Stale, "ouu
lave been treason or revolution. II the people OF the
WI ole territory Of the thirteen States had combined to
diyest the respective States OF any OF their proper
Attributes Of sovereiguty without the assent OF tue
Staes, il would have been closely allied to treason OF
c,noue.t But il was neither the one nor the othrr