The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-11
transmission Of the Government and

| which. 10 order TO claim validity
should receive the voluntary assent o
each State whose reserved sovereignt!
il to be impaired or diminished?
- As the form OF government was
fixed and established by the Constitu-
tion-wbich is the compact by which
the parties to it, the people Of the Sew
teral States as distinct sovereigntles
agreed to be bound-can its character
be changed except by the unanimous
concurrence Of the parties who made
it? know that the reply to this may
be that while, as 9 general rule OF la"
as between contracting parties, the
proposition announced is true, the
Constitution warrants departure from
it, inasmuch as the power is delegated
to three-iourths OF the States to amend
1t. But put the inquiry whether the
power thus delegated extends to any
thing more than the substance OF the
Constitution? Does it embrace matters
that were not in the Constitution, and
which each State re used 10 dee gate N
the grant OF powers TO the Fedora!
Government? Would the States reserve
what they bad no power or right to re-
tain as against the will OF three 'ourths
OF their number? OF what force Is the
reservation if the possession of the
thing is dependent on the vii. oi
another? The reservation was uncon'
dltional and absolute. Ii was cnmpe'
tent to the people OF the several States
- delegate all the powers OF the
Slater to the Federal Govern
ment; but AZ the delegations
were few and defined, it il not Only
reasonable TO presume, bat it II IN
harmony with the objects for which
Iae Govrrnmr.: "as t.tGL'-n,i. -
maintain that ty expressly reeerving
what was not granted The several States,
or the people thereof, designed to pre-
serve the individual supremacy and
sovereignty OF each State over IT. re-
served rights and powers against the
Federal Government, as well AS against
each and every other State. As these
were not embraced in the Constitution,
they were not to be subjected TO IT.
operation or influence; and TO conccde
that the several parties to the Constltu-
ton delegated to three-iourths OF their
lumber the right by amendments to
strip the remainder Of all the powers
they refused to surrender, is TO assert a
doctrine not only pregnant with the
most serious consequences, but which
makes the Constitution a charter OF
oppression 70 minorities, and of no
effect as a limitation upon arbitrary
power; Tor il by the power OF amend,
ment they may lie stripped OF part OF
their rights, by the exercise OF the same
power they may be striped OF the
whole.
1t seem, to Inc that that there Is a
marked distinction between amend
ments and such provisions or additions
as make essentially radical and iunda'
mental changes in the character OF the
Government. As the S'a'es a. TO all
powers not delegated are sovereign and
independent of each other, and were
careful in order to guarl against any
extension OF the powers granted to
insist upon an amendment to the Con
stitution as originally framed, declaring
it explicit terms tho: its authority
extended only to delegated powers, and
that such as were not delegated each
State reserved, it is in my oplno not
only violent but a dangerous con-
etruction that holds the power oil
amendment 70 extend 10 such rights as
were reserved by the States, over which
they refused to delegate any power
and which were not embraced in the
Constitution. 1t is such construction
as is not rcconcilable with the tenth
article Of amendments which is prac
ticslly and to all iptcnts and purposes
MI lifted by such Interpretation; for
il the power is held to extend Ia
other than the substance Of the Con
s,itution, to the di,ninution Of the re
served sovereignty Of the States 10y
deprivirs them OF the power to regulate
and control such vital matters A. the
right OF outrage, Of citizenship, and Of
property, over which they severally
refused - rclinquish juri,diction. the
reservation Of any powers by the Stat,
amounts 70 nothing, and the adoption
OF the Tenth Amendment must be
regarded as a work Of supcrlativc folly
1t was reserving what had already been
surrendered.
The exercise 81 u power az cXtraordl
nary as this and so Incompatible with
the nature OF the government, a. one oil
limited and delegated powers, would
subvert the Constitution and subject a
minority OF the States to the power and
will OF an uncontrolled and uncontrola
bic majority. The frame OF govern
ment agreed to by the people OF the
several States would depend for IL
continuance upon the w,ll OF three,
fourths OF their number, woo, hy the
exerci,c Of this power - construed
could at any moment, when either
prompted by ambltlon or dazzied ny
the splendors OF great central power
subvert it under the gui>c Of an amend
ment, and by the absorption OF the
powers OF the States blot them out
and. as has already been attempted, and
I tear not without success, erect cen
lral'zed depot SIN upon the rnir= Of a
Tree Federal Republic.
The residuary sovereignty OF the
States canno, be d mipishei 10y an act
OF Congress. What are termed the
Fourteenth and Fifteenth Amendments
are diminutions OF the 81 iuary sovcr-
eighty OF the States and delegations OF
new and additional power 10 the Fed
eral Government. They embrace
matters which were not in the original
Constitution and over which its Inhu'
ence was to extend, aud the attempt
to wrest any part OF Their re.iiuary