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

ar soyereignty from the Constitution of the United
States On their separation from Great Britain they
were each sovereign and independent; completely
! 80 as the Government from which they bad resoed.
They retain all the attributes OF sovereignty which tney
have not delegated rehnquisrd. Nor does tne
Constitution address Itself in single instance TO the
peope of the whole Union, one indivlsibe commu.
ny but always to the people, or 10 the constituted
authorities of The respective States. But the new en-
tity brought into existence by the Constitution, does
derive every ot and title OF ifs power irV'h 'as i
s,rument Without H. the States existed and per-
formed al the functions of Government. Without ",
the Federal Government had not shadow OF ens-
tence If that instrument operate the states
would move on, performing ther ptsss ain,sta5
but the Government of the Union would cease ai'o-
gether.
make these remarks because persons in their zeal
for federal supremacy seem 10 have lost sght OF the
true relations subsisting between the confederacy and
liz MEMBER The rights and sovereignty of the latter
would seem to be sacrificed to the exaltaon aad glory
of the former. But returning TO elementary prnci-
pies il will not be difficult to determine the Just rights
and limitations of both.
These remarks made also for the purpose OF ex-
hbiting more clearly principles of Interpretation which
are 10 guide US in the construction OF tne
ard laws of Congress, whenever they involve ques,
ton of the relative rights and powers OF the State ana
Federal Government, viz: That the state tIovern-
mens are primary and original; the Federal ooverh-
ment is derivatve; the former having the righful en-
oyment Of all powers inherent in sovereignty when
they have not reinduished the latter rghtfny exer
cising only those powers which were Delegated.
IFron yuSoe Sz opinion Of Booth and Rserdf
u scoa,in r., PIP ls2-2lo
The first the Fundamental question which the case
presents Isl Has this Court the power to inquire INTO
the legality of the authority BY which it Is claimed, the
rrorer is and ought to be held in custody!
Ii seems 10 me that the solution of this question Is to
he'found in a few simple elementary propositions
which require little proof or argument 10 sustain
them.
II the duty of Government to protect and secure
the Just tights Of its citizens, whose support ana ale
glance it commands, among which Is the night TO per-
sor nj liberty.
This duty of the Government is to be measured only
bv the extent of the individual right, and i is bound
TO provide means adequate to it, full and complete
performance.
distributed and the obligations of duty divided, but
not so az short in the whole OF the OBJECT 10
be accomplished.
Our il a complex system with powers distributed to
each of its parts but all of its parts together constitu-
ting an entire sovereignty and so, OF course In duty
bound, az a whole, to furnish complete protection.
Whatever powers and duties are not deiegateu OF
assigned to one department branch OF the entire
sovereignty must remain in the other; the Federal
ard State organizations together constituting COM
pl,te Government endowed with all the attributes
properly pertaining to a sovereign state.
Ii one be made up of delegated, and the other OF
reserved rowers the dutes assigned to the former
only be coextensive with the powers delegated ana
the duties of the latter must remain commensurate
powers adequate to every emergency not within the
scope OF the former ,,.o, ,,.
els the State Government Is one OF inherent OF re-
served powers the former competent To act only with
in the sphere prescribed by the Constitution; the lat
ter exercising all the functions OF sovereignty not
delegated OF renqushed by that instrument.
The power to guard and protect the liberty OF the
individual citizen is inherent in every Government;
one which it cannot reinqush which was reserved 10
the States, which was never granted to the Federal
Government, has never been claimed by II OF ior lt
but has always been conceded to the states, without
which thew cond not exist because il is obvious that
thew could claim no allegiance or support from their
citizens whom they had not the power to protect.
II, therefore, st duty Of the State to guard and
protect the liberty OF its citizens, must necessarily
have the right and power to inqre INTO any authority
bv which that liberty is attempted TO be taken away
But the power to inquire includes the power TO de-
eide. The right OF the sovereign 10 Tenant ~ mna'
authority such imprisonment is attempted, lmpnes
the obligation and duty of the person imprisonlng
to respond; the right to demand such authority on
the one hand implies on the other the duty to exhlon
The State and people thereof have delegated TO the
Federal Government the power TO imprson the citizen
in certain cases but in none other. SO tar then, as
that Government acts upon the power mus deiegateu
the States cannot interfere TO protect us 0nzen, OUT
in every other they not only have the power out
il s their sob mn duty to nterpOse their authority A.
the power by which the Federal Government can I'M
prison is delegated power, it must necessarily APP
rear in every case where il imprsons, that II Is acting
in conformity with some power delegated IL must De
" nominatei IN the bond Its jurisdiction Is
presumed, but must always afirmativey appear l
Wheat. 304, $780, ,.
The Constitution of the United States il the deed OF
Grant so 10 speak expressing in written terms all the
powers delegated to the Federal Government, ana pro-
hibted to the States The States respectively retain
all else of sovereignty, limited only by the Local Con-
stitutions prescribed by the people OF each
Therefore to me it is plaln that when the federai
Government 10 act IN gwen case II Douhd
TO exhibit case within it's prescribed powers, Tor
al ~ involves The assumption Oh
inherent powers derived from source other than the
States and their respective people, tr@cendng tbe
Constitution itself. -,
eral Government took power, limited in character and
extent the latter at oil times answerable to the for
mer and NAV be required 20 exhibit the CONSTITUTIONS
warrant by which it claims to do or refuses 10 perform
any given act when required by the PRIMARY on
gina authority, in conformity with the modes lawfully
established. 1T.
In the Constitution Of the United States sound policy
required the incorporation of function ny "hch Tue
Government thus created might be such III iac', ny
executug liz Constitutional laws anu anu
10 that end be enabled to act upon ndVlunas M al
of the creative constituent s0veregntle- Inns c0uu
only be accomplished by the creation Of gualca de-
partn ent, supreme and independent WITHIN i,s pre-
scrbed subere whose process should extend 10 every
citlzep. But in giving up so much OF TINS VIA eie
mept of sovereignty a. deemed essehtlal 10 Tue
system the States the people thereon re7pectvey'
carefully guarded it, hedged II Gbout with pro'5pns
which it was supposed, would oe iap t:s9ai
nrescrbed It's extent that j. OF the Judicial power Oh
The Trited States by words most careiuy selected
whose import could a. believed scarcely De mis-
taken and beyond which ii was supposed no venture
some mind would rush. ,-, ,-Lr -,
to eli cases in law or equity arising under ths Consut ~, me
law. and treaties made which 'hs.i be maze uGsi ,
thoriiy," &c. Coa'L L. y, ~" 'is~ %'~'''' -
The words extend 10, might, perhaps, on ths tne-
ory of liberal or Authoritarian construction, be hed 20
L u npc~fi in