Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-01-02

I Mr.. EDaUNDs. The Wing 7arty OF tn
| State of Vermont traces q true and legiti
mate descent IN the regular and hereditar,
way into the present Republican party. 1t i
only change of names with Us. and net o
principles. 1 do not know how it is in Mich
igan | will not undertake to say.
Now, to return TO the question my hon
orable friend says that this p1wer on our par
20 impose conditions when we create that cor
poration which is called State that is
| when we. endow a society of men with GER
| tain political privileges of LEGAL government
does not exist, for the reason that if it did il
| might be abused that is TO sav, he says II
| we have this power we have the power to say
| that females shall 7oe; we have the power
| to say how real estate shall descend and we
have the poWor, in sh0Tt, 10 regulate the
| whole internal concer ms Of the State, | have
been taught by an emmett iqrist of this
country, NiTginan. too, whose name was
Marshall, once believe. the Chief Justice
Of the Supreme Court of the United States
have no doubt my honorable friend has
heard of him-that the facs that power
might be abused was no argument whatever
inst the existence Of such power.
Mr.. Howard The Senator will excuse me
for interrupting him | deny the power A
thing which Goes not exist cannot be abused.
Mr.. EDsUNDs. That's exactly what l was
saying. L stated the gentleman's position 70
be exactly that; and the only reason he gave
us-he may have some better one, but tha
only one which he hae honoTed us By stating
was the Numerous Instances of abuse which
It might lead to; and thus, in repiy - 5hae,
| hage said that we have high authority, II
We need authority on such a question, for
say ing that he taot that a power may be
abused ID a. argumen, at all asaiass its exis-
tence
Ny friend asks wnat would become Of St2tc
rights If Congress were h exercise mowers Cf
thii description? L II Ieriy bJ iaq4irins
what viii ceco11e ID S.ate >i.h-s uGla-s We
create thes. S-a;es? They have noe an
State rights nov. This constitution whicn =
offered 20 Us Is no hing i:ur :. as.a paper until
we breshe into it the breath Of lie by the
power of our legislative authority. Ii Is the
supreme law of the land that we make under
the constitution, which creates this State at
all ; and have been taught, in my little
reading Of law, to suppose that the power TO
create Implied the power TO afiz qualifications
and conditions in the act of that creation,
which should follow It's life until it should
terminate as an inherent and inse parable part
of its existence
But my friend says. - What if these people |
30 not accept il? What then N here are
!hey| Ihesame answer may b6 made when
aody Il meG with cooperative privileges. |
suppose they 80 Lot exercise them; suppo5s
.aey do MT 5ccep5 the boon which we o |
Ter 'nem; does thai prove that We nave No,
he power - create the corporation Sup |
Pose they lapse, suppose they become dis |
as the southern states nave; does |
that demonstrate that we have 40 power to |
TeVltailze them upon other conditions IT 10 |
govern them 10 their dIsorganized condition |
~ rs,.a, - gsts. T.
trie = Totet V. me fJc she civil nights Dill,
which undertook to regulate private rights |
Ia every state OF the country old and new,
ani he voted for it, suppose, as L did,
under the Institution Of the country which |
authoFizei us RAISING laws N accordance
With that Institution. 10 see that they We're
sxecute4 upon the citizeus Of every state.
We are no. passing laws here for the state
0t Nebraska IN Its political capacity. We |
lave no relations, OF very few indeed, with |
any STATE 10 its foIislell clfaci-7. fbls5
r 5iatsofia @rs IL po'rscd ont x. x.iie-=y and !
express = u tho constitution seit. But the
rei4tiJns c5 t.is national Government with
ne reopie o. she state are personal aad d.
SCI ii upon tbe pep. ~ he- n
ts7I&gai aIat separate capacities as cltiz rs,
nat eh- Law Z crates. There: re, II 4 ate
ails 70 fulfil is functions, Il The state oi
ermont or the state of III ,chigan dislike
he conditions upon which L has been ad-
nitted, and choose 70 elect no Senators or
mem bags of Congress or members of the Leg
stature, and chooses 20 become wholly dis
organized, are the people Of either of them
my less citizens of the United States than
hey were before? Does not the paramount
aw OF the land still operate upon heir per
ons and upon their property Or are they
.drlft or loose in the world with no power
N the part of the government t. regulate
heiJ conduct toward the rest of she c0Uu-
ry? | d not believe II any such doctrine.
This proposition which | advance is not
new proposition the power which IT
eeks TO exercise Is nos I new power. La
ome form or oIhes Il has boeD exercised
rom the begiGning OF the G5Fernmens 10
his d,y; because, as | SAID bef Re, those
,3nditions which we have heretofore i'm posed
% be incorporated into the constitution ni
aaae States, the oalitIon which We I'M
7oSed by the act OF 1919 ID be iac t1pora tea
nto this very constitution, have their only
orce and vitality from our action for 20
ar as 1t depends upon the will OF the pee
pie, they may change that will Tomorrow
md reconsider it and set il aside, and then
. far as their action was concerned il
sould no longer exist but the paramount
iw under winch the constitute was formed
md which creased i,s very existence, remains
intact and IN vigorous force and exercise as
/ did bafo7e. That is M positioa, and
tandlBg upon thas position | am quite
eady to meet the Senator.