Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-14

| Congress can do precisely what Marshall
believed the Federal Government had no
| power to do.
Mr.. Madison, in the twenty-ninth num-
Der Of the FederdliSt, discussing the charac-
ter Of the then proposed Constitution, and
| to prove that it created a FederdI and not .
National Government, says:
The idea Of n national Government involves in
not only an authority over the individual citizens,
nut an indefinite supremacy over all persons ana
things, so far they Ub ocs Of lawful govern
mss1t," a...,o o...o,;,..os ;o,o ooo n.,;on
this supremacy is completely vested in the ma onal
| Legislature. Among communities united for par
purposes tits vested partly IN the general and
partly in the muuiciPa legislature. In tue former
case, all local authorities are subordinate To- the su,
preme, and may be controlled, directed or abolished
by tat peasute In the later the local or muntcl-
pal authorities form dkttnct and tadepeHdemt pJr-
| tons OF the supremacy, no more subject withlh
their respective spheres to the general authority than
the general authority is subject to them Wthln lts
own sphere
caunOt be deemed RatiOnHL one. ince its jursdic-
ton extends to certain enumerated objects only and
leaves to the eVera ales residuary and inVlOla'
| Die SOUeretgnty over other OBJECTS
And still further, dicussing the same
question, speaking of the adoption of the
Constitution, Mr.. Madison says:
Were the pc pie regarded in this transaction as
forming one, The will Of the maj ritv OF tho whole
| Ope Of the United States wOu d bind the minority
| In the same manner as the maturity IL each Sta'e
must bind ths minority; and the will Of the lnaI rty
must be determingd ny comparison Of the individ-
ual votes. or bv considering he will of the majority
of the States, as evidence Of majority f the peO-
pie Of the Unto States NetnerOf these ruies has
been adoDt' d.. Each State in ratifying the Onsti-
| tu'iOn is considered rs a sovereign bO y, ndepen-
don't of all other, az only TO be bound by us own
voluntary act. In this relation, then, tbs new Con
stitutiOn will if establi ,hed be Federal and not
National Constitution"
But each of the States in ratilying the
! Constitution gave expression to the strong
and unmistakabe sentiment of the people,
that the Government formed thereby should
be one of limited aud delegated powers
only. ...
The State of Massachusetts, in her Con-
vention of delegates, made the following
formal declaration ...
And as it is the opinion Of this Convention that
certain amendments and alterations in he said Con-
stitutOn would rem we the fears and quiet tle ap.
prehensions of many Of the good people of the Com
mDnweah and more etectuHly guard aga nSt an
undue administration of the General Government
the COnve do therefore recommend that the fol-
lowing alterations and Provisions Ue in TOtucad into
said Consultation: hrs'. tnat be explicitly declared
that all wcrs not XpreSSly iega ed by the afOre-
said Constitution are reserved to The several States
10 be by them exercised"
New Hampshire, Virginia, North and
South Carolina, New York, Pennsylvania,
y
to have it distinctly understood, that the
General Government could exercise no
power not delegated. and that all powers
not 40 delegated were reserved; and so
strong and universal was this sentiment
that it soon found itself embodied in that
amendment to the Constitution which de-
clares:
"The powers notdeegatei to the United States bv
the Cons itutiO nor prohibited by 1t to the States,
are reserved to the States respectively or tO the peO
ple." ...
Again, Mr.. Madison, in speaking on the
subject of express powers, lays down this
| rule:
"Whenever therefore, question arises concern
ing the cOnsttutIoraity OF particular power, the
first question is, whether the pOtCr be expressed IN
the Constitution If the. the question Is decided.
| II it be not expressed the next inquiry must be
whether it is properly incident to al express pow
er and NECESSARY to its execution If il be, IL may
he exerci.Gd oy Congress. not GgrsSIs Ga%
sider the foundation of the Constitution as laid on
| this ground, that all powers noe deegated TO the
! United Sta es by the CoIsttut on, nor prohibited
! pHope, T0tdte u sin le step 6eyonG the bo1tndIry
thus spscidH. drtrn around the po,cerS9f Congress,
is 10 ttke possession Of % bOURisSS eld Of pO6er,
| no longer susceptible cf day defHittOn."
1t is unnecessary that should multiply
authorities on this point.
|
niable doctrine as to the powers of the
| Feder1l Government, any warrant what
ever for the heresies of secession and nulli-
ticatiOn; heresies which have always Op-
posed. The Federal Government is SUI
| preme In all its constitutional powers; so are
| the States supreme in the same way; and
there Is not necessarily to be any conflict,
There cannot, it is true, be two supremes
over the same subject-matter, but the Fed
eral Government, and the States, are each
supreme in their respective constitutional
| spheres.
But, sir, the danger to-day is not in Sc
| ceSsiOn, or any threatened or apprehended
encroachnent by the States, on the just and
constitutional powers of the General Gov
ernment. 1t meets us in the other direc-
tion-in the strong and w ll-OrganiZrd at
tempt to destroy the Just and constitutional
rights of the States, and establish on their
ruins great and power ul centralized Sys-
| ten.
| As a part Of this attempted revolution,
! blOOdless, it is true, but nevertheless rev
olutiOn of the most dangerous character,
we have schemes and propositions pressed
upon Congress which should arouse the
fears of every true patriot and stimulate
| him to the most determined eXertions, to
| preserve our admirable system of govern
ment. Not only have eleven of the States
OF this Union durng this session OF Com
| gresS, in the very face OF the plainest pro
visions OF the Constitution, been denied all
representation, but members duly elected
| to both branches of Congress, have been
ousted from their seats, by the action Of "a
dOminerng majority, and in some cases
Others admitted, who no intelligent man
will pretend, represent the views of the
majorities in their districts.
But, sir, this maj IriCy, not content with
thus depriving nearly one-third of the
States OF this Union of representation, have
seized upon this opportunity to force
through, and to continue to press upon
| this Congress, measures which no one could
expect would he adopted by the represent
atlves of the people of all the States, il
their voice could be heard in these Halls.
The legislation contained in tie Civil
Rights act being, in my judgment, so pal
pably in violation of the Constitution,
would be false to myself and my convic-
tions of duty, if | did not most earnestly
protest against it. The first section pro
vides-- Ha. e.. ......r.r
That all persons born in the United States aud
not SUBJ ct to fore gn Power, excluding Indians
not Iaxed are hereby declared citizens Of tho nted
states, without distinction of color Or race" D.
And it further defines what rights shall
be enjoyed by the persons SO made citizens
of the United States, namely:
ITO make and enforce contracts to sue he parties
aud give evidence, t. inherit. purchase, lease SELL
hold, aud convey real and personal property"
And to have ,...-.,7
Full and eq ual benefit of all laws and proceedings
for the Sc ury of person and or perty as enoved
v md ha