Delaware State journal and statesman., 1867-01-18

and appropriate expression in the resOlu-
tions of the General Assembly of this State
upon those subjects. We saw fully the
danger to liberty and law which might re-
suit from silent acquiescence in the encroach
ments of arbitrary power under the specious
plea of necessity, and timely and emphatic
ally made known our opposition to such acts
of usurpation and tyranny. II is most gratliy-
ing, now that the war has ceased, and the
madness of passion is giving place to reason,
that the sentiments entertained by our peo-
pie on these subjects during the war are
finding an endorsement in the decisions OF
the highest judicial tribunals in the land.
Fhe late civil war was not more uniortu-
nate in the unnecessary sacrifice of life and
treasure which it occasioned, than In the
passions and sentiments which II has engen-
dered. Theories of government, at variance
with the well-understood teaching OF the
fathers, have arisen out OF the passions OF
men inflamed by hatred and revengeor stimu-
lated by ambition and the lust of power,
which threaten to disturb and overthrow
our republican form of government. Du- |
ring the war, the idea of Capitalization Of
power was seen in the endorsement OF acts !
of usurpation by the Executive department
of the General Government; and the tend
ency was towards despotism in single hand
Happily, the termination of the war, and the
disbanding of the immense army called into
being by its cxigencies, left the Executive
without the excuse or power to continue
longer aggression upon the rights of the
people. The same tendency to centralize
power, however, is seen in the assumptions
of the Federal Congress- equally, If not
more dangerous to liberty.
The separation of the thirteen American
colonies from the British Crown, and their
remuneration of its authority and control,
created a necessity for union of those colo
MES under one common form and compact
of government for the purpose of mutual de-
fence and protection. The varied interests
and diversified views of the people Of those
colonies presented grave difficulties in the
way of the accomplishment of this object,
even 10 the most thoughtful students of gov
ernmental science. The people of the colo
MES had Just thrown off the burdens and
expressions of monarchial form of govern
ment and assumed to themselves the charac-
ter of Independent States, and had vindicat-
ed their claim TO this character by the arbi-
trament OF arms. Having assumed the re-
probabilities, encountered the dangers, en-
dured the toll, and experienced the sacrifices
{ and sulferings incident to u seven years war
to secure liberty and independence for them
selves and their posterty, the people Of the
States were jealous of their liberties, and
reluctant to part with any of the rights and
privileges which they had purchased at so
dear price A community OF interests and
feeling among those who had shared in com
mon danger and common suffering-a friend
ship formed in the hour of peril and cement
ed by the blood of their kinsmen-and the
want of a sense of security against aggres.
+ sion from more powerful nations, induced the
! people of the thirteen original States, which
at that time constituted thirteen indepen-
0 dent communities, to enter into contract OF
} government, which contract was the written
/ Al. 1.s.. axyfaf
, to the Federal Government and defined all
8 its powers, prerogatives and privileges, re-
/ serving to the States or the people all the
a powers of government not therein expressly
/. delegated. Those at all acquainted with the
early history OF the country, or who have
q carefully read the proceedings Of the con
i. yention that framed the Constitution, are
:. aware of the difficulty and embarrassment
n encountered by the convention, not only il
4 adjusting the powers, delegated in the Con
q stitution, between the different departments
Il of the FEDERAL Government, but in securing
h to the States the rights reserved to them
!. selves and denied TO the Federal Govern
If ment Capitalization or consolidation o
,r power in the government created by tn
/. Constitution, was especially sought to b.
4. avoided, and an equilibrium OF power be
g. tween the different departments of the Fede
10 raj Government and definite Limitation 4
lHhl puMCI WIS bblStluHJ abh6he W W SAASNs
N ed. But the paramount object ofthe faith er
i of the republic seemed to be to protect til
o. States and the people against the encroach
nj ments of Federal power, and hence VIVA
M they omitted IN the original constitution
ia they provided for by amendments to the il
IN strumenl, the 9th Article of which declare
m that ''the enumeration in the Constitution
nv of certain rights, shall not be construed
nj deny or disparage others retained by th
al people" and the 10th Article provides this
Id ''powers not delegated to the United STATE
tv by the Constitution, nor prohibited by it
es the States, are reserved to the states respe'
Id lively, or to the people,"
The limitations in the Constitution upo
en- Federal power were not insariea. without OF
sr position, even at that early day ofour histor.
wv In the Convention that framed the Constit
M ton there were advocates OF central2t
m. power in the Federal Government WI
ed sought to diyest the States and the people
In rights and powers essential to the existen
m. of proper State Governments, and necessal
m. to the security of the peo9le from oppre
ra sion. But the men who controlled the co
w. yention, and shaped our system OF COVER
Of ment, were not ignorant of the teachings
lbe history, nor unmindful OF the lipertes
nd those who had experienced the wrongs
hat oppression, and had fought the battles OF Z
On Revolution that they and and their poster
iyn mlgntonJOy inc plehslhBs vi lieS iheuiluiiNi
aid They had seen and felt the injustice
cd consolidated power In the government tn
nd had Just thrown off, and they were too wi
a., TO forge new chains for their own ensla'
trv ment. They knew the tendency OF pow
~ in government was to strengthen and fort
Ice itself, and they were determined to qua
be against l.s neloaurli,eussi ~ Ii ~ ~
y mower, therefore, OF the General Goyernme
~, and Of each department Of that government
i'ei specifically defined and granted by express ter
-, In the Constitution, and all other power is
expressly reserved 10 the instrument to the Sta
W W and the people. The General Government the
u W.. fore cannot, nor can any department of I
s sae government rightfuy exercise authority VIII
nd ia not essentially necessary TO the exercise
WV the powers granted; the attempt TO do so
W. usurpation aud II matters not what departm
Us of the government may assume unwarran
anI powers the infraotion of the written Consli
elul ton is the same and the danger to lb,rty n
= - a the less.
uo Since The formation and adoption Of the c
nese stitutiOn, frequent attempts have been made,
UNI construction Of it's provisions. to obtain for
onl Federal Government powers that were not the
,heu in granted Until recently, however, all such
pe y iempts have proved Intellectual The reverend
!. the American people for the Constitution Of
inc oountry-their love Of liberty and devotion TO
past institutions had been too strong to permit
CYL, wide departure from the spirit and letter II
nent instrument This adherence to tho governm
ana, as framed by our fathers, secured to VS. the
lg 10 enlarged liberty and the greatest amount of
iipni pines8 and prosperity We excited Of once
envy admiration and wonder Of mankind The pc
lions Of the old world saw US living under gov
Illus. mani ira burdens Of which were scaroey
Al. a.. al