The union Democrat. [volume] (Sonora, Calif.) 1854-1946, 1871-05-27
SONORA TUOLU4NE COUNTY. MAY ~, 1871

the federal government. the general govern
ment is prohibited fran taxing the salary oil
he judicial officers of Stare. TIE power 10
DO 50 is not expressly granted TO the United
States. and. as the Court says ii is familiar
/ rule of construction of the constitution that
sovereign powers vested in the State govern
meuts bv their respective constitutions re-
main unaltered and uuimpaired. except 50
! far they are granted 10 the government of
the United States. That the intention of the
| trainers Of the constitution in this respect
might not he misunderstood, this rule of in
depreciation is expressly declared in the tenth
article of the amendments The pnwers
not delegated to the United States sre re>erv-
ed 10 the States. respectively, or to the peo-
ple'' The general government and the
States. although both exist within the same
territorial limits. are separate and distinct
| soveregnties. acting separately and indepen-
IDENTIFY of each other, within their respective
spheres The former. in is appropriate
sphere. is supreme; but thu States within the
limits of their powers not granted, or. in the
language of the amendments. Preserved.
are as independent Of the general government
as that government within its sphere is indie
pendent of the States.
Ooe Of the instrumentalities or means OF
the State governments belonging to them,
and necessary for their internal affairs. over
Nhinh the Federal Union has no power. il the
judicial Department. and the appointment of
othcers to administer the laws. 1t is held
that for the sake of self-preservatinn of the
STAGES and their rights. and to preserve un-
impaired the functions Of the. State Judiciary,
the Federal government has not the power or
right to impose such a tax as the one in ques-
ton If the tax could be imposed in one in
stance. or to any extent, tie judiciary of .
State might he taxed out of existeace, Just as
the State banks we're on the introduction Of
the National Bank act Tbs power of the
Federal authority once admitted in snch a
case, il would only depend upon the will of
Congress to carry it to an unlimited extent.
The beauty ut oar system of government is in
its checks and balances, and In the limitation
If power under the constitution of Federal
authority, which has always natural ten
dency TO encroach upon the reserved rights
of the States.
| While we maintain that in times Of such a
great crisis rs we passed through In the war
to preserve the Union exceptiar,ai arbitrary
war measures might be tolerated, we rei0ice
and every right thinking citizen must rejoice.
at a return 70 the fundamental principles ct
| the government which keep the State and
Federal power moving in harmony within
their respective spheres. II is more crafty
| ing to know that the Supreme Court-that
noble bul1ark of our rights and liberties -
has taken such a stand against the encroach-
ment of Federal power at a time when both
| Congress and the administration are imtat
ing the despotic governments of Europe and
of past age. Our rulers have become SC
accustomed to governing by the sword-to a
centralized despotsm during and since the
var-that they lose sight of the constitution.
Tie shoulder-strap rnle of West Point still
runs through the government. Coercion is
the word, not amnesty, not concliation, which
the radical patty and the administrator
/ dwell npon Not only do they for party and
political purposes hold the sword over the
South, and keep that section of our common
country in disorder, bu. they invade the rights
of the loyal States, and send without cause
or reason Federal bavonets to control the
polls. In fact tie radicals never did under
stand the theory or principle of our govern
ment, aud the practice of arbitrary power
| during the war has so utterly demoraized
them that Improvement is hopeless. The de-
cision of tie Supreme Court comes very op-
portunely to check tho despotic and central
ling tendencies of the party in power, and
/ We have nc doubt it will be cordially ap3rnv-
ed hv the mass Of the American people.-N.
| T. Herald