Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-04
THE UNITED STATES GOVERN
NENT.

Al the present time when the great do,T
= seems to be broken up aud the passions oil
men are let loose. it is wise to look for the
land marks. The whole trouble seems to
grow cut Of the claim that the United States
is r5t Government ordained and ostab-
lishcd hy the People, but confederation Of
Sovereign States. each having the right 10
determine for itself, finally and conclusvcly.
tie cztcnt Of the delegated and reserved
powers and to annul any law Of Congress or
the Confcderccy itself; or as S Carolina has
recently Gonc, repeal its assent to the Consutu-
ton ana thus terminate the relations between
It's people and the General Government.
This claim falling, Secession fails, and &c
quiesoance to the laws follow, because the
right 10 onforcs the laws viii no longer be
! questioned
Upon this saajes.. the Judicial Depart
ment Of tins Government. rs early as 1919,
/ gave claar exposition OF tia Construction
ard Powers of this Government. This de-
cision, pronounced by CAiaf Justice Mar
shall. the ablest Of American Ju.is;s, viii
sltisfy any person to whom reason and argI-
ment can be ADDRESSED. and should be read by
every citizen at the present time. It is re-
portelin the 4th Wheaton Rep, 2lt-437.
But for those who cannot readily have access
to the case as. reported. brief statement.
with quotations from tn opinion e the
Court is given below
Tie caso clearly shows how tho d.Ecaities
between the States and the General Govern
ment are to ba settled, and who is 70 yield
in case Of conflicting claims.
In 1916 the Congress Of the United States
created Bank OF the United States IN 1877
branch of this Bank was established at Bal
tmore, in the State Of Maryland Ia 1918,
tho Legislature Of Maryland passed an
act TO tax all banks or branches thereof
n the State Of Maryland not chartered by
the legislature. Under this &C. a tax was
assessed upon the branch of the United States /
Bank, which it declined to pay. VI Lcg4up9n
the State Of Maryland instituted suit
against McCulloch the Cashier, 90 enforce /
payment Of the tax. Judgment was rendered |
by the State Court against McCuliooa f.r
the amount Of tie tax. and he brought q
writ Of error to the Supreme Court # tie |
United States, which then consisted or
JOHN MARSHALL, Chief Justice
William johnson.
Gabriel Duval.
Joseph Story,
Thomas TODD, '@ CUISINES
Brockholst Livingston,
Bushrod Washington,
Chief Justice Marshall in delivering tae
opinion oF the Court says
In the case now 70 y deLcrnilel,
tae defendant, Sovereign State. denies
the Obligation ola law enacted by the lgyislatl.
Of the Union and the plnin,iG bis part contests
the validity Of an act, which has been passed by /
the Legislature Of that State. The Constitution
Of our country in its most interesting and vital .
part is 70 be considered the conflicting powers Of
the Government Il the Union arj Of its members.
as marked in that Constitution, to be discussed.
auence tho great operations Of tee Government
No tribunal ran approach such question with
out senre Of its imp p9rtance and the awful reson-
sibility uyovcd in its decision-But II must te
decided peacefully, Or remain source Of hostile
legislation perhaps Of hostility Of a sill more
serious nature and If it is to be so decided, nv
this tribunal alone this decision be made --
ON discussing this question, the counsel for tac
State of MARYLAND have deemed it ot souic imror-
tanco in tho construction OF the Constitution, TO
consider that instrument, not as em3n2tinS IRON
the People but as an oct oflndependent and SOW
ereign States. The powers Of the General GoSeIn-
rnen II has been said, delegated by the states
who alone are truly sovereign and must be ezer-
cjsed in subordiustion to the StateF, who alone
possess supreme dominion. 1t would be diflcu!t e
81 stain this proposition. The Convention "aich
framed the Constitution was indeed elected By the
state Legislatures. But the instrument when 1t
came from their hands, mere proposal, Wltn-
out obligation OF prstension to II. Il was report
ed 70 the then existing Congress of tie United /
Sts.es. with a request that II might "bs 5u5mit-
ted to Convention % delegates chosen II eaea /
State bv the people thereof-uEder the recon- .
noe7sstion Of its legislature, for their assent and
ratification" This mode Of proceeding vas adoPt-
ec-and By the Convention, by Congress- an /
BIZ the State Legislatures, the Instrument was ,
submitted to the people. They acted upon IL IN I
the only I, amer il which they can act S2iey e.
seiently and wisely, on such subject, hy asseE2-
their several Stssss-and where else snoui1 taey /
have assembled No political dreamer was ever
wild enough to think OF breaking doWa t2e I!Aes |
which sensrsts the st2tes, and OF con DpoCrGlas ,
the American people into one common I2ssS'-oi
consequences when they act, thsy act N 'as1f sep
arete States. -,
Rut the measures they edoPt, DO not on that /
account cease 10 be the measures Of the people /
themselves, or become the neasures oi lAe S-4'e .
Governments. 49,. ,,
From these Conventions tie ConatitUtion de1iTes .
its Whole authority. The Government process
tablished in the name Of the PeoPie; aLu Is ue-
clsred to be ordained " Il order 20 form moro /
perfect urion. establish Justice, ensure domestic /
tranouility promote the general "e4aIe |
and seoure the blessings OF hoefy 70
themselves and 10 their posterity i 10 ssse1. q
the States in their sovereign capacity Is imp!iea
In calling q Convention, ard thus sUonIluns LIE.
iustrument to the people. But the people were 81
perfect liberty 70 accept or REJECT l'i anu te-5
act was final. It required not the ehrnance ci'ano
coulI not be negatived by the state GoVoEnIeh's'
The Constitution when thus adopted was o. con-
plete obligation, and bound the o'ale 1oFe,
II has been said that the People had already !
surrendered all their powers to the state eo'e-
reigntics and had nothing more 10 give. Du',
surely, the question, whether they may resume
and modify the powers granted to GoTe1-,lIe-Is
does not remain to be settled il this country SueA
mere might tie legitimacy ol t-o SeuN ~
eminent be doubted had ii been created rT t1e
States. The powers delegated to the State sove-
reignties, were to be exercised by themselves aos
BIZ Distinct an6 independent Soverei gntyi icfesveo
by themselves. To the formation of league
such as was the Confederation, the State Sovereign
ties were certainly competent. But when, n
order 10 form mere perfect union it vas deeneu
necessary TO change this alliance into an efeeuHe
Government. possessing great and Sovereign pow
ers, and acting directly on tbs People tn? 9ecs' =
~ Of ref rrinr ii to the People ana deriving IL
powers directly from them, was felt and 2cEno"4-
! edged by ALL
The Government Of the U1ioa thon (wEa,o'::t q ::
may te the influence Of this fact on the case Is
e1phatcaily and truly Government ot 'Ge Feo-
PIE. In form and substance it ema:iated ifoul
them; It's powers are granted by them, ara aie - -
Be exercised directly them and for their bcnen'
Il is thus made obvious not Only by on
elusive reasoning, but BY authoritative ad-
judication, that this IS z government
/ carab,a cF making and a-F .~,.i, Laws and