Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-12

1t did not suit the purposes Of the people in fran
ing this great charter OF our liberties to provide fol-
minute specifications Of its powers or to declare tht
means by which those powers should be carried int
execution. IL was foIeseen that this would he q
perilous and difficult, il not mpracticahle task
Tbs Instrument was not intended 10 provide merely
for the exigences ofa few year,, but was to endure
through long lapse Of ages, the events OF which
were locked up in the inscrutablc purposes of Prov
idence. IL could not be 1Oreseen what new changes
and modifcatious Of power might be indispensable 3
to eectuate the general objects Of the charter and
restrictions and specifications which, at the pres
ent. might seem sautary, might. in the end prove
the overthrow OF the system itself. Hence ts pow
ers expressed in general terms, le1vns to the
, Legislature, from tine to time, TO adopt its own
means to efectuate Legitimate objects and to nold
and model the exercise If its powers, as its own
wisdom and the public interests should require.
Now, sir, what we're these general objects TO
which this learned judge refers in deciding this
cause? They are stated, as he has said, il the
preamble Of this instrument Let us hes- them.
They seem to have been forgotten or over
looked-sometme they must have been read
by the honorable gentlemen who have opposed
this bill :
We, the people Of the United States, in
order to form more periec; Union, to establish
justice -
which believe ID rendering to every man his
due
g to insure domestic tranquiiity"-
which | believe ID to preserve peace eyeryEh ere
within the boundaries Of the United States
- and 10 provide for the common defense. 10
promote the general welfare. and to secure the
blessings OF liberty TO ourselves and our posteri-
ty, do ordain and establish this Constitution for
the United States of America
These, ray the court, are the general objects :;
and in carrying out these objects in the methods
and through the insrumentaties which the
Constitution had provided, Congress. the legis-
latiye power. as a sovereign power over the
people, Of them and from them, and exercising
the same forces ever them thst Stale does over
its citizens, was 10 select the means through
Shich these great objects were to be attained.
Therefore | say, sir, thst from the beginning
this was S G0yernmen; Of the nation and over
the inhabitants Of the nation as inhabitants, and
not through the power Of the States. Just SO far
as, snd TO the full extent that the Constitution
in its grant Of powers couiied subjects for
consideration and provision to the uaJioual Gov
erlment.
Again, Mr. Chief Justice Marshall in the case
Of Cohens rs. Virgins, says the powers Of the
Union on the great GU; ects OF war, peace, and
/ commerce, snd Oh many Cthers, are in them
selves limita ms of the sovereignty Of tie States,
but in addition 10 these, the sovereignty Of the
States is surrendered
Aud here bes gentlemen On the other side
70 mark what he Gays-
/ but ia addition 90 thess tho sovs-li-u.y Of the
States Is surrendered 70 many Instances where the
surrender can On operate 20 the benefit oi The peo
p-e ana Were p7rtiAp, ul .LAc. power IS nI-fred
ou Congress than cluse-vativs power % maj attain
the principles established n ths Constitution.
Again, in the case 0f Gibbons rs. Ogden. the
cour. declare:
Anl our Consultation being, a7 WIS auly SAID ut
the h1r, one of euumerall aad na- o.; definition. go
ASCERTAIN the extent oi t4e poTr r. Dee lnss n,eos
sary O. settle tie iuctaia5 0- the terms employed
ir Il.
The men vLo formed The Constitution did not
undertake 90 deiue what were the rights Of man
which it undertook 90 secure. iney aid not
undertake 10 dehuc ihe wal, for illustration,
which 1t Authorized Congress 20 mske. Iteuam-
eratei, O. The court hsye said. tle great objects
over which au5 i5f which, 10 secure the ea3s
namel in tire pfe.ub.e. tLe powers l- t1e people
were delegate. 20 the authority tt1 Govern
ment, leaving TO the Government, through its
proper departments, tie dtfl.tla Of Oh. Sc
powers.
Now. vi President. I thiak st must be 81
mittel-l h.t supposed tLst events hai settled
it until ! heard tins dctA;e-that this C5nE.itu-
tjon, be- il much or itde, l'cr am not now on
.he point Of its 5zteu',l j: ). gives us authority
or Il it withh0ls it is 90 the extent Of is scope
a Constitution Of tie people, and that it brings
the people In respect TO every right which Il Sc
cures 90 them, INTO uifD1t COMMUNICATION with
thst Government which exists 6y the Cous'itu-
ton, snd which only and solely has the para
mount power 70 enforce IT, The governments Of
the States canuo, finally or Independently en-
force or decline % enforce tie Constitution oc
the United States it i not their Constitution
in the sense thst the Constitution of the State Is
Il is the Constitution lf .he whole people A.
national body. and the requirements Of which
they cannot finally pass upon aut therefore
whatever rights ore eecurel 10 the people under
.t must be guaranteed 10 them and maze Cis--
tual for them AZ la7t through tae instrunelfs.4ty
Of The usti7nal Gl7ernDeu;, lnt through ~
other.
NJ. Pres lent, riy ir..nt from ii4lro-s, Nlr-
IruDhuu, when be addressed the SENATE the
other day, seemed TO have the apprehension tlat
We were or might he 10y tbs o.l entering upon
great change % tie chsracier Of the Govern
meut, il the hc' taa' we were endearcrlag %
protect personal rights, Ehi,h, be sad, tae trs-
iiuous ot the G37ernmelt rni the courfe ci the
Constitution hai Elways l-it 20 the States. u
tna- were So, lt Wcl-i be ID argument aZalust
The proprety oi this hi, provided the new
phases snd amendments OF tle Constitution had
made he change. Bu; tis rot rev i-ea, As
] have stated, the government OF the United
States over the suniecH Which are iut7us si 20 lt
has always been government whi;h dealt direct
ly with the people, and Whic1, from the nature
II things could not IL any case etNiuaily dea.
otherwise thsn by open War directly with tle
STATE. even in thote cases where tie prohibition
= directly upon the State, es 10 that, for in
stance, Of making a negotiation with foreign
Power.
If the State q Vermont, for example, rc-o-
tiates with the British Government for the ex-
tIaliu.n o- iug'u'es' "na' is ine uni'ed S'sies
can institute no process ns' ,hA' Hts'e 70 SCI
asiae 'he uea'!' ner ouly ieiie's as'.h.. u
Eouid ue e.'neI eh7 'as' reason oi A'uss' A.
tne sa5its IT, NtlAte' i.r ';'la'l'' o. '.''
nl'y, OF e1sy' ~ $50 mas usen u,ne' ~l llfessiiS
iiseA l''e''y 10 tle leop'e' 10 tle PERSONS ~
spia OF any act OF the state IN US c'iec'iNe ca
+ pacity' ANA 50 IN 'ae very int'alce % when L
nave ieiei rel A. an Illustration oi me prohioi-
.ll ~ "a - 80 -
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IN -. IL.
.t ~ ~ So. .,i -
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Wy - In -. u 80.
lsP'es...N -lio'su 'LS e'II q ~ ms 10y
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-. 80 60 .,;;.i - -.
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~ a., I-,;tsd ST. i,.il,,, .i;rs..i,- t.,,-e-
S;,, .rd Tho 49,, - tsil .1e ,,;., ~ G.
/ ernor, not Governor Jenni,on. but citizen Jsn-
/ pison
a.. ,,,ne ,nJ IT,, .l' f,.rlt,,s .,,5 g.
Us en,,n,ersts5 :, t6is C,rs,i.r7;o, ,rbicb
f,ve begr oiyer % Tho T,;,el S-stes nv ave l.s,
de,ied 10 he St,tas arc m he c.rrisI ont s5isIg
tb1onrb ,eeonssrv ,,qsns ybe-evsr tba Cor-
sttpti5, i,nrosesa a 5oty nv s ,,robihi,i,D s,I r.
becomes necessary 10 r3ake il sfre.,,,l rbe -ov-
1 eminent alv,vs Sss ami il slrr.ys ms, ct
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