New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-04
MR.. A. Il STEPHENS AND TIE CONSTCTU
TON.

Fror1 The Yanon
Mr.. A. II. stephens in his Salutatory, speaks
certain powers 10 the United states. Tins sufficiently
suggests the states Rights theories of the Calhoun
held while Marshall the head OF the supreme Court
va ni ~ i%a r'ncd Stares DO brilin and establish
this Constitution" ChefJu,tice Chase, in 1867, N do
cidu, The Texas case placed ne nation aud the states
on exactly the same footing, having the same historic
origin. .,
tice Chase IN Judgment remarkable for ts clearness
and for the cOgency OF s reasoning IN thlsopmoh Ine
solid ground Of historic fact, and announced theory
Tcu IN 2n dh% Sfes and The separlte existence
necessity and local rights of the several states By this
theory the states did Lot create The Constitution ana he
nation nor Is the people found IN existence Oi me nI'
time In the preamble Historically the nation preceded
the Constitution. it took It's tiSe with the nIst united
movement Of the colonies. Tie national idea sprlngng
out Of their common origin, Interests and necSssltes
found its first open expression IN their RESISTANCE W
Great Britain It was strengthened by the war, !. Wa
Incorporated in the feeble Articles OF tOnfede aoh ana
IT was finally perfected in the Constitution le CoIrs
and logically true-upon which to rest the supreme
nationality OF The United states. and We .e1yNU mn
this theory which was for long time support "a " 3J
few historical students, hut when mas Low io.,cJ
the approval of the supreme Court WI G ~ DinIes
of our constitutional law But WINE is to" I,ned
placed the nation upon sure iOundatloh' II ueuh.
the status of the States and asserted their necessary
istence ana peculiar ust IN manner no less aa a.. ~
certain Historically, the states existed also from inc
beginning The Constitution recognized them, ana pro
yidCd for the creation OF new COinmOnWeitls lno
Government which the nation called into being j. pHt
upon the states separate societies; without theln u
would vanish They and their separate ana Local rights
and powers iuseparaDy bound mp with IL, ana can
not be destroyed without bOttng out the present sy
TEN. The Supreme Court has thus. IN tns JuuShen',
placed the nation and the states upon eAacy tnc me
footing; whoever wCakcnS the one, Wt,thol ~
other whoever denies the historic ongih VI nc
one, denies the origin OF lhe Vlhet, m
We have In this theory the greatest sSSy LOT tle nt
ton, we have also the greatest security TOT te selela
States, so that II may bo adopted with equal Idh ~
those who would maintain the supremacy OF the Union,
and by those who would preserve local sefgOyeTnment
The positions this most important Judgment have
been repeated several subsequent occasions aud they
finally the almost unanimous sanction of tbs
COuft in the well-known Of Day and BnfnOn de-
cded the last AS this involved the powet
the United states 10 tax the salary state judge t
again became necessary 10 examine into and determine
the relations of the two political societies the nation
and the state. Mr.. Justice Nelson delivered
the opinion. which was cOncurred I'm by the EN-.
tire bench. with Che single exception OF M,
Justice Bradley Again we told that
bOth the States and the United States existed before the
Constitution" The arguments OF the ChieJussisc
reiterated "Thepcopc. II IL said. established more
perfect union by Substituting National Government
acting with ample powers directly upon the citizens in
stead of the confederate Government" Here j. trace
of the old dogma that the originally sovereign states
created the Government and surrendered 10 important
but specific and limited functions. The decisions
certainly great advance upon the methods used by
Webster and Marshall They may be said 10 bear the
impress OF the