The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-04

political school of Washington AM
jackson, or Of Jefferson and Calhoun
the citizens of this country must ascsP
the fact that Its unity cannot be dlvlds'
or disparted except BY force OF arms
and that hereafter the fate of the natloI
must depend upon the facts, whethe
it shall gradually consolidate into
central despotism, or by it's intelligence
and virtue maintain the just balance o
powers divided between the three co-er
dinate departments OF the government II
its executive. Judicial and Legislative
branches, and between the general gov
eminent with it's centralizing tendencie!
and the States in their more lmnedi
ate and direct sympathies with TIT
wants, feelings and interests OF the PEG
pie. From these facts and in this view
of our actual condition it must be seer
that the resolutions oil '9S and 'g9 arr
stripped Of much Of their equiyoca
character, and that if the pOIittea
element in them which tended to pro
mote the doctrine of State sovereignty t
the extent that any one State was tina
arbiter in her own case and had TIE alb
solute and complete right to Withdraw
from the Union, is gone forever, yet that
then, there is greater need Tor preserving
the moral and judicial character OF thes'
resolutions. There is greater necessIt.
for them as rules OF construction, al
guides for executive and legislative &C
ton and judicial determination, 50 a!
to prevent encroachment by one branci
Of the government on another, so as Il
prevent insidious violations ofthe Con
stitution, and so As to preserve IT.
States from absorption or annihiiatloi
by the increasing tendencies to central
ism in the General Government. Dali!
these considerations become more i'm
portant and more stringent. "lthou
some such rules of construction, without
constant watchfu'nes TO keep then
alive and effective IN the hearts OF tn,
people and the minds OF their pnbII'
Iunctionaries, in all PAGES and offices
the dangers Of consolidation must in
crease from year to year, and the tina
Capitalization of the General Govern
ment must inevitably absorb the tunc
tons of the States, and measurably /
not wholly destroy the liberties of the
people. This is no longer a question o
force, or a problem OF States Rights az
a question for independent acuon BY
any State; it is question Of encroach
ment by power anu OF sapping the foun
datlons OF liberty by underm ming Con
situations by the tinesse OF construction
on the one hand and to be corrected
and held in check by the public intelIi
gence and the private republican virtues
of the people. Our only safety is IN
preserving a high regard for and cult
waiting a knowledge of constitutional
powers, and the limitations on those
powers. Constitutions are no more un
limited than any other grants Of power.
They are Constitutions because they are
limitations Of powers. Otherwise, why
not have a central deSpotism at once
why not make Congress SUI
preme; otherwise, why not make the ex.
ecutive and judicial Iunc'ioaaries of the
State subordinate to the legislative OF to
Congress. or to a President, by name,
but King, in fact. The Constitution
is Limitation aid an adjustment OF
the national powers, ordered by
the people for the preservation and
of the nation as such
The Constitution Of the State is llml-
tation and adjustment Of powers Tor the
preser, alton of the State as such, and
to secure the Liberties and promote the
welfare and happiness OF the people OF
that State, as separate, so far. from
other States, and as separate and DIS.
tinct, in these rights, from the Central
A strict adherence to
these limitations, at every point, in
executive action, in judicial interpreta,
ton, and legislative enactment, insist
ING that the Constitutions shall be
preserved inviolate and that their lirni-
tations upon all powers shall be held
sacred, i, the right of the people and
the duty Of every citizen. The duty OF
understanding their provisions; the
duty of standing by them and enforcing
them is equally incumbent on all the
DEPARTMENTS. lfthere is any ference,
practically it is most incumbent on the
Legislative Department, for it is chirh'
in the excuses of legislative enactments
that the occasions for raising Cors,itu
tional questions originate. Those COR
siderations are now more paramount
than ever, when there is, acknowledged
ly, no remedy against excuses ana
abuse of power, other than this intel
ligence and virtue of the people and O
their respective agents in the admins
tralion of public affairs, both in til,
States and in the General Government
As States and nations become wealthi,l
they become more corrupt 1t IS his
tory. And there are corrup;lons o
power, and Of party, as well as o
money, and the people can only 10y
moral revolutions regain what they
lose by violent or insidious encroach
ments.
Gases must and will arise when 'her,
will be differences Of opinion between
the respective branches, not only in tn,
States but in the General Government
and between the powers OF the States
and those Of the General Govern
ment. In the first class, where differ
ences Of opinion arse between the ex
ecutive, legislative and judicial tepa't
ments Of the Staten most Of such instan
ces, not in all the Supren Court is only
the final arbiter. But this does no
take away the right OF any individual
member Of the State, or any officer o.
department to pass uron the constitu
tionality of a law or any proposed
measure. No constitutional question
can arise until some individual or de
partment has so passed in judgment o.
in action upon it. Whether he ha: