The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-02-13
BURLINGTON WEEKLY HAWK-EYE

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delivering the opinion Of the Court, it is
decided "th0t the Government Of the Union
is Government Of the people. Il crsandtcs
from them. ITS poaocrs are granted by them,
and are to be exercised directly by Ness, and
for their benefit" Again: ''The Govern
ment Of tho Union, though limited in it's
powers is supreme within it's sphere Of ac-
tion and its laws, when made in pursu-
ance of the Constitution, form the supreme
Iaw of the land"
Judge Story, in discussing the question
whether the Constitution Of tho United
States is compact between the several
States, remarks that there is nowhere
found upon the face of the Constitution any
clause intilnating it to be compact, or in
any wise providing for its Interpretation
AS such. On the contrary, the preamble
emphatically speaks Of it rs q solemn ordi-
nance and establishment Of government.
| The language is, ne, the people Of the UNI
| ted States, do ordain and establish This Con-
stitut,on for the United States Of america
Com. on the Constitution ABR. Editionl,
| liz. And again, p. li9, the learned author
says: "But that which would seem conclu-
| sive on the subject is the very language OF
| the Constitution ITSELF This Constitution,
says the sixth article, and the iaWs Of the
| Chitcd 'rhich shall be made IN pursuance
| thereof, and all treaties made or aohick shat
States shall be the supreme tdac Of the land"
And he adds: IF it is the supreme law,
how can the people Of any State, either by
any form Of its own Constitution or laws,
or other proceedings, repeal. abrogate or
suspend it?'' And again he says. "This OF
itself imports legal obligation, perrsdnence
and uncontrollability by any but the au
thorities authorized to alter or abolish it. y
And again he says, "This of itself imports
legal obligation, permdnence and uncon-
Probability by any but the authorities au-
thorized to alter or abolish it" And again
on this subject the learned writer says, p.
6s4: 1T would be perfect solecism to af-
firm that u national government should
exist with certain powers, and yet in the
exercise of those powers should not be su-
preme."
| will add to these references a brief no.
tice of the case of Alderman VS.. BOOth-21
Towards X. 5O6-decided by the Supreme
Court of the United States in 1853, which
sustains fully the general doctrines affirm
ed by the prior decisions of that Court.
make this reference with the more satisfac-
ton because the opinion was written and
delivered by Chief Justice fancy, Judge
eminent for his profound legal learning,
and who has never been charged with ex-
treme iberality in constituting the Consti-
| tuition Of the United States, and defining
the powers of the General Government. In
that case, Judge of o State Court in Wis
consin had discharged q party on habedS
corpus who was in custody under the au-
thorty Of the United States. The Supreme
Court OF the State sustained the action of
the lower Judge; and the case was removed
to the Supreme Court Of the United States
by writ OF error, in accordance with the
10th section OF the Judiciary act of 1879.
shall give but brief quotations from the
opinion Of the Court, indicating their views
on the subject under consideration. On
page SIG, the Court say: although the
State OF Wisconsin is sovereign within its
territorial limits 10 4 certain extent, vet
that sovereignty is limited and restricted by
the Constitution of the United States. And
the powers Otthe General Government and
OF the State, although both exist and are
exercised within the same territorial linn
It's, are yet separate and distinct sovereign
ties, acting separately and Independently
OF each other within their respective
spheres, and the sphere Of action appropri-
ated to the United States is as far beyond
the reach OF the Judicial process issued by
State Judge or a State Court. as if the line
OF division was traced by landmarks and
monuments visible to the eve.'' Again. on
page 5l7. the Court say: ''The Constitution
was not formed merely to guard the States
against danger from foreign nations, but
mainly to secure union and harmony at
home; Tor II this object could be obtained
there would DO little danger from abroad;
and, 70 accomplish this purpose, it was felt
by the statesmen who framed the COnsti-
tuition, and by the people mho adopted it,
that Il was necessary that many OF the
rights OF sovereignty which the States then
possessed should be coded to the General
government; and that in the sphere of ac-
ton assigned to it il should be supreme, and
strong enough TO execute its oifn idps on its
oNn tr1OaRutS I,fhOM interruption from q
State, or from STATE authorities. And it
was evident that anything short Of this
would be inadequate to the main objects
for which the Government was establish
ed" And the Court further say: 1.-THE
language Of the Constitution by which this
power is granted is too plain to admit of
doubt, or to need comment. 1t declares
that this Constitution, and the laws which
shall be passed in pursuance thereof,
and all treaties made, or which shall be
made, under the authority of the United
States, shall be the supreme law of the
land, and Judges in every State shall be
bound thereby, anything in the Consttu-
ton or laws OF any State to the contrary
Notwithstanding On page 52i the Court
further say: Nor is there anything in the
supremacy Of the General Government, or
the jurisdiction of its tribunals, to awaken
| the jealousy or offend the natural and just
| pride OF State sovereignty. Neither this
Government nor the powers Of which we
are speaking were forced ,Jpon the States.
| The Constitution, Of the United States, nth
all the 1o,rers conferred on It by the General
Government, and surrendered by the States,
| mas the voluntary act OF the people of the
several States, deliberately done, for their
oWn protection and safety against tnjust,ce
from one another" And they add, page
SO; Now it certainly can be no hunila-
ton to the citizen Of a republic to yield a
ready obedience to the laws as administer
ed by the constituted authorities. On the
contrary. it is among the first and highest
duties as a citizen, because free govern
ment cannot exist without it. Nor can it
be inconsistent with the dignity Of SOW
ereign State to observe faithfully, and in
the spirit of sincerity and truth, the COM
pact into which it voluntarily entered when
it became State OF this Union. And GER
tainly no faith could be more deliberately
and sotemnty pledged than that vhich cpcry
State has ptighted to the other States to sup
port the Constitution as it is. in al its pro-
uisionS, until they shall be altered In the
manner schtch the Constitution Itself pre-
scribeS.''
I A still more recent decision Of the Su-
preme Court, in tho Prize cases, as they are