The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-11

supreme law Of the land, 6othing more
disconnected than that within the spher'
OF the powers grained the Government
established should be binding upon the
States or people. m
"If number of political societie:
enter into a larger political society, ihe
laws which the latter may enaci pur
suant to the powers intrtlsted to 1t oy
the Consultation must necessarily oe
supreme over these societies, and the
individuals Of whom they are com
,,,sedm EfS ttBnl
i will! hor so.low from this doctrine
that the arts Of the larger political
society which are not pursuant to 1t:
constitutional powers, but which are In
vasious OF the residusry authorities o.
the smaller societies. will become the
supreme law OF the land These will
be merely usurpations. and wi deserve
10 be treated as such. Mr.. Hamilton
Zee Fnieratist, No 81 -r.t.-
As to all the powers not delegated bv
the Ststes, and which TREY reserved
and excepted out OF the grant made 10
the Federal Government, they are
absolutely supreme and independent OF
each other as il they had never con'ed-
era cd together for any purpose The
government tney instituted was a led
eral and not q consolidated govern
ment. In the thirty-nin,h- number OF
the Fedcraiist Mr.. Madison says: -.
"rhat it will be a federal. aud not q
national act. as these terms are under.
stood by the directors; the act OF the
people, ~ forming so many independent
States, not "a forming one aggregate
national, is Obvious from this single
cons liberation. that it Is to result neither
from the decision OF 2 majority OF the
people OF the Union, nor from that OF
= majority OF the States. IT must result
/ from the unanimous assent a. the
! several States that are parties u II, di-
/ ier,rr 10 otherwise from their ordinary
assert than in its being expressed. not
bv the legislative authority, but by that
! Of the people themselves. Were the
| people regarded in this transaction as
forming one nation, the will Of the ma
! joritv ct ;he whole people OF the Enlted
States would bind the minority in the
zane manner as the majority in each
State must bind the minority; and the
will oi the majority must be determined
ether ty a comparison OF the indivld
ua. votes. or by considering the will OF
the majority of the States, as evidence OF
the will OF majority OF the people OF
the United States Neither OF these
ru'e s has been adopted. Each State,
in rltItying the Constitution, 10 cons'd
cred as sovereign body, Independent
OF al other, and only to he hound by
its ovn voluntary act.
While the trainers % this Constitution
regarded tie Federal Government in lts
nature scope, and character rs a GOV.
ernmsnt OF limited ard defined powers,
in which "the States would clearly
realm all the rights OF sovereignty
which they before had, and which by
that oct were not exclusively delegated
to the United States" the Srate conven-
tons to ratify the Constitution, and par
REGULARLY The Convention of Virginia,
composed as il was Of her most d!stIn-
gu>hcd statesmen. alarmed at the
extent Of power which hal been granted
to the Federal Government, objected to
its ratification because the powers OF
the State, were not reserved by al ex-
press clause. Patrick Henry said:
This Government VII opera'e like
m ambusclde. 1t will destroy the
State governments, and swallow the
b rites .o' the people, without giving
p'eviOuS nO'lc",
Eimumd Randolph, On ~ her del
ega,es in tie Fed~ral Convention, re-
fu, ell to si.n the Cons itut on, that he
might hp tree To propose amendments
10 il. and among them one "a he eH"
pre-, sell it
THAT would draw line between
the 10 vers Of Congress and the ind vid
ual States. detising the tormer 50 as 10
leave no claShinS Ut Jurisdictions, nor
dangerous dcputics, and u prevent the
one from helm. swallowed up ty the
other under N" general wor's AMI in.
plications
This -ririt OF jca|ou> apprehension.
that bv an extension OF Federal power
the received rights a. the States might
he sutverteI, CAUSED the conventions
Of the States OF Massachusetts,. New
York, New Hampshire, Rhode Island,
and South Caroliua, when they ratiiiei
the Constitution, I" recommend that
certain alterations and amendments
should be made, the more effectua!ly 10
-ecure the rights Of the people and the
poxer of tie States against the en-
croachments OF Federal power; and
with certain prov,sos and proposi'i MS
br amendments, those States rat fled
the Constitution The First Congres'
under tue Cpnsti utirn. held at New
York on the 4 h of March, 1882, in
accordance with The "dcsrre express, d
hy the convention = OF a number OF the
: a,es, that fur her drclaratory and
restrictive clauses shcu Il he added, in
order I, prevent mi construction or
abuse OF its power, and As extending the
grounds of public confidence in the
Government" proposed to the States
Tor their adopt on twelve amendments,
ten of whicn were ratified. and among
the ten that article found in the Consti-
III ion decar ne, in carefully chosen
words, that
The powers not delegated 10 the
United Stats by the Constitution, nor
prohibited by it to the S'a'e', are re-
served TO the States respectively, or 20
the pc, pie.
The language employee in this article
is clear aud unequivocal. Every power
which is not delegated is excepted and
reserved by the Safes respectively, or
to the people, that is, to each State
separately aud distinctly against each
.