Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1871-05-24
State Flights in the Supreme Court.


The following is an extract from
the opinion of the Supreme Court OF
the United States in the case Of
tames Burlington, lato Collector OF
Internal Revenue, plaintiff in error,
vs., Joseph M. Day, one of the Judges
of Probate in Massachusetts. The
opinion was delivered by Mr.. Justice
Nelson, all the other Judges asserting
except MIR. Justice Bradley:
II is a familiar rule of construction
OF The Constitution of the Union that
the sovereign powers vested in the
State governments by their respective
Constitutions remain unaltered and
unImpaired, except so far as they
were granted TO tho government of
the United States. That the inten-
tion Of tho trainers Of the Constitution
in this respect might not be misun.
dersiood this rule of ofinterpretation is
expressly declared in the tenth arti.
Gle of the amendments, namely: "The
powers not delegated to the United
States are reserved to the States, re-
spectiycly, or to the people" The
government of the United States,
therefore, can claim no powers which
are not granted to it by the Constitu-
ton, and the powers actually granted
must besuch as are expressively given,
or given by necessary implication.
Tho general government and the
States, although both exist within the
same territorial limits, are separate
aud distinct sovereigntics, acting
and independently of each
other, within their respective spheres.
The former, in its appropriate sphere,
is supreme but the States within the
limits oftheir powers not granted, or
in the language Of the tenth amend
ment, preserved" are as independent
of the general government as that
within its sphere is indie
pendent Of the States. Tho relations
existing between the two govern.
are well stated by the present
Chief Justice in the case of Lane
vs. Oregon & Wall, '76)
Both the States and the United
States" he observed, "oxisted before
the Constitution. The people, through
that instrument, established more
perfect union by substituting a nation.
al government, acting with ample
powers directly upon the citizens, in
stead OF the confederate government,
which acted, with powers greatly re-
stricted, only upon the States. But
in many of the articles Of the Consti-
tuition the necessary existence of the
States, and, within their proper
sphere, the independent authority of
lhc States, are distinctly recognized.
To them nearly the whole charge of
interior regulation is committed or
eft to them and to the people all
powers not expressly delegated to the
national government are reserved.
Upon looking into the Constitution
i will be found that but a few of the
articles in that instrument conld be
carried into practical effect without
he existence Of the States. Two of
-ho great departments OF the govern.
nent, the executive and legislative,
depend upon the exercise Of the pow
,rs or upon the people of the States.
The Constitution guarantees TO the
States a republican form of govern.
mont, and to protect each against in.
rasion or domestic violence. Such
being the separate and Independent
of the States in our complex
system, as recognized by the Cohsti.
luton, and the existence of which is
30 indispensable that without them
-he general government itself would
disappear from the family Of nations,
{ would seem to follow as reasona-
BE, If not necessary, consequence,
hat the means and instruments EN-.
ployed for carrying on the operations
Jf their governments, for preserving
heir existence and fulfilling the high
md responsible duties assigned TO
hem in the Constitution, should be
eft free and unimpared; should not
be liable to be crippled, much less dc.
Gated, by the taxing power OF another
government, which power acknowl.
edges no limits but the will Of the
body imposing the tax, and,
more especially, those means and in.
,trumentalities which are the creation
If their sovereign and reserved rights,
lne of which is the establishment of
.ho Judicial Department, and the ap.
)ointment OF officers TO administer
heir laws. Without this power and
he exercise of it we risk nothing In
aging that no one Of the States under
be form Of government guaranteed
)y tho Constitution could long pro.
serve its existence. A dcspotic gov
might.
The two governments are upon an
equality, aud inc question IS whether
,ho power "to lay and collect taxes
'nablcs the general government to
AK the salary of u judicial officer OF
he State, which officer is means of
nstrumentality employed to carry
nto execution one Of It's most impor-
ant functions, the administration of
he laws, and which concerns tho cx.
,rcsc of right reserved to the States.
We do not say the nero circumstances
)f the establishment Of the judicial de-
and the appointment Of Off
,ers TO administer the laws, being
among the reserved powers of tho
State, disables tho general govern
ment from levying the tax as that dc
ponds upon the express power "to lay
and collect taxes" but il shows that
Ii is an original inherent power never
parted with aud in respect to which
lhp supremacy Of that government
does not exist, and is ofno importance
in determining the question; and
that being an original and re
screod power, aud the judicial officers
appointed under il being means Of
inslumentaity employed to carry IL
into effect, the right aud necessity OF
its unimpared exercise and the cxcmp.
lion Of the officer from taxation by
the general government, stands upon
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