National Republican., 1873-11-11
THE LECTURE FIELD.
lcanliaued llrom Fir.l Rae,.)

NI0httHttN sf"Hs f"sh NbNp
mcnt and individuals, and the legislative depart.
ment which v authorized 10 enact such ia"'"
The Government Ia authorized TO make .,u.,os /
This, then, In the Constitution. es,ao ,,. ,nn,,
these powern; II defines them, and lln's ,onar,
II distributes them among these ,n1sc ass \" AN
mrnta and thea " limits th9s 49, ~ pbc |
OF tucga departments, aul tlls .G .unSG ", h,n
.,ni ~. f,r itr safs R.tnlntsiTatiOn, for thc uenN-
m nt ihs ,eople Tor whnm all governments arc
IN M En,cr,t ,oy,rpuent II a Government OF
conc,,iad ar granted powers. The stare EuNeIn.
ments are governments when are hutn,,,,aI hutnoI,he"
exercise all the powers ,na' os ~" hy he Constilu
by the Federal Goyornment UT w "o N'
"Yn Thcrr S il a corresponding difference IN con.
atructlon, therefore; aud ihs dlnetenoe pnssin.
tions throughout the entire catalsgne o, pomcrs r
and limitations upon their powers u Wlll oe 1o
sdered more folly ecrcai'eT .,rrs @ " ,Ns mower.
81 the State and gedetGl government VIC "H'
consider the powrrto punish Offences. -, -,
The state Legislature can usS.e ,,,tesn,ai 10 The
pnbIic good to he an offence, and can prescIioe
4 punishment for II. Whatever tney .Snseme s
10 i've injurious to the general wen,es we,.s y nv
forbid, and n IL done 'he! Gu" pu"''' "
nn i,nt Inc Federal Government can only punish |
offences against the powers wnVm ~ Y, ,,sti 4, csn
,,'nish cffcnrca rommittel against u. Having |
authority tO borrow money AMI 70 lssnv .n ,nas
IIr il, il eau punish the ronnttieIiers ,s,,on
mnn,is. and those who rnt them 10 clrenlauon.
iIaVing ihe power TO coin money. " can punisn
oiiences for cOunterfeting that CON. bnt ,ne
Federni Government has no power 70 punlsn
,nrr'sT or theft In general, because that belongs
!" Ths MY GsnS raj Government can levy taxes, but
those taxes must be for defined purpose; 70
nav Inc public debt, or TO pay the army and navy
riihc United states; but Il has no right TO raise
money by taxation for religious purposes, or for
4 Thousand things for which states can impose
tafrs and collect them OF the people. The Fed
crai Government has no such power, because u
"a not granted Ivy the Constitution. There 10 no
part Of
TIE nRE At sTsTEN OF TnE CONSTITUTIONAL LAW
IN which modern improvements have been
greater aud have more @ s,eaag ., p,t,ons unon IN
ihe power Of legislation, and upon tne power .,
The executive branches OF the Government, Ahu
the consultations IN ina country, pG,n IN sss.sa
constitution Of Great britain, LOT instance, tnete
are hundreds Of Instances In which q man has
teen condemned to death by its Parnamsnt
without any reference to any statute or law ex-
isting ut the time which authorized such pro-
seeding. hut by virtue Of the omnpotent power
Of the KING and Parliament OF arsst brltA,ns
tnan loscs hts life, property, and his blood be-
comes tainted. so that hts children cannot take
his property.
No government here would undertake TO deprive
aman OF his liberty or property, much less his
life, without the authority OF law In existence
beforehand. SO In regard 70 private properly
taken for public uses. All governments exercise
the right OF taking private properly Tor pubic
uses; but while that Is done In other govern.
ments without any nSed rule upon the subject o.
compensation, our Federal Constitution and
all the state constitutions provide that private
property shall not be taken for public uses with;
out Just compensation. And the tendency o. al
changes In constitutional governments, both IN
this country and In all countries where they
really think about constitutions, Ia TO the fur
ther protection OF private rights a. aHainst tne
governing power, the government representing
the entire body polite.
There Is another change going on in this coun-
try which, whether IL shall turn out TO be 70
tIe team and d that Is the tendency to pOpaisTiEe sui.
frage, to extend the elective principle TO vast
number of ofnces which were not formerly
Si hat while Sesse hat In in any m country whef,
the people are governed by laws made BY Legis
latures, the basis upon which that representa-
whether @ % The elective principle can safely be ap
piled to that class OF ofllcers-l mean the eN
ecutive and judicial-whose duty 1t Is to enforc
the laws.
Now, gentlemen, word about the course o
these lectures. propose to take up the Con
siitntion OF the United states as the main foun
Sn nj w% Mner ana propose a occasa
may OfIer, TO make references TO the constltu
lions OF the States having relation 10 the sam
sspS q yoa nave Se en n
principles OF constitutional law.
propose in the course Of these lectures {
consider, nrst,
THE POWERS CONFERRED ny IHE FEDERAL cossrl
TrTIoN
upon the Executive. then the powers confene
upon the National Legislature; and then tn
prohibitions, or, Us have phrased 1t, the lirnia
lions upon the exercise OF power by the Feders
Government as found In that Constitution
Then propose to take up the Judicial article Q
the Constitution, and under that head discus
the extent and nature Of the Jurisdiction Of tn
Federal Government as found both In the Coz
states, and in the decisions Of the courts; an
In that way TO notice the Jurisdiction and prA'
tlce OF the Federal courts as a part OF the cours
upon the constitutional law OF the country.
The Importance OF this course OF lectures, 2
this course Of instruction-the importance OF
thorough knowledge on this subject 70 gentle
men who propose TO practice law IN this coun
try hereafter-cannot very well be exaggerated
The time has been untl very recently that
lawyer might attain great practice and yer
some Of the flrst regulations in the country hAv
all in the Federal courts. and whose attention
n turned at all TO the subjects have named a
being within the course n lectures for this wiz
ter, were only 30 turned incidentally; but ths
period In the history OF lawyers progress ha
passed. The time has come when the Constitu
lion and laws OF the United states are not n
mere theoretical object Of the thoughts OF IN
statesman. OF the lawyer, and OF the man o
business. The time has come When the opera
lions Of that Government reach TO the recesse
oi every mans business, and force themselve
upon every mans thoughts.
The history OF the last twelve or aiteen year
has taught the people, In q manner which,
trust, will never be again necessary that the
shaI be Taught, that TINS Government WITHIN II
sphere Is supreme, and that It's sphere Is a yer
extensive and q very peryading one. Leayin
out OF the question all that has been brought I
our observation and experience by the events {
me recent war Of the rebellion and me openI, nl
the System OF fccOnstTuctlon, other matters nav
brought the operations Of the Federal Cover
ment into play In the everyday Affairs OF bus
ness lifr In a manner almost unknown prevlou
10 that time.
As an Illustration I refer you to the interni
revenue system-a system under which, afe'
years ago, almost every species OF properly
every occupation and pursuit, and many thing
which had scarcely acquired the name OF prog
erty or occupation, were taxed by the federa
Government; taxed, necessarily, 10 pay the In
terest and principal OF the debt incurred In tn
war and the expense OF the Government, laIgel
Increased by the operations OF that war. Now
these taxes and these statutes-eyen II you sul
pose that everybody was willing TO submit
them cheeifully-requlred construction. The
were new to the country. When they were pu
In operation the oilicers themselves were yer,
much perplexed as TO what they meant In
great many cases; and our Government, being
liberal Government, and desiring that no persoi
should be injured. was ready, and Afforded op
portunities TO have the laws tested by courts o
Justice. A man had but to pay his taxes, TAX
An appeal to the commissioner Of taxation, AM
tths ialitd nc Souid sue tue NJ
who collected them, and recover II Illegal.
assessed. The number OF suits growing out OF
THIS CLASS OF CASES
was immense and has been In the Federal court
ever since that system Of internal revenue wa
established. Though the list OF articles subjec
10 taxation has been very much diminished,
yet seems probable that some eighty, ninety, o
perhaps, hundred millions Of dollars win al
ways be raised In this country hereafter by tn,
taxation OF the Federal Government on the att
rles OF spirits, tobacco and malt liquors.
Hut II Is not only when u suit Is brought or 4
10 be brought that the lawyer Is called upon Il
understand these things, this jurisdiction an,
these laws. lie IA very often consulted as u
whata party should do when no suit originates
And as this system peTmeates the entire coun
try, the rem0test village lawyer may be calle
upon to advise upon the Constitution, Its con
structlOn or tho construction OF the statutes, o
the manner IN which the laws are enforced b.
the officers.
The bankrupt law, passed In 1887, has procure
an entlfe modification IN the system OF enforc
ing contracts, or collecting debts, In the case o
persons who fail to pay for want OF ability Il
pay, aud all that law has to he administered un
der Federal statute, under an act OF Congress
and not only under an act OF Congress, but un
der the rule OF practice prescribed and adapte,
for the Federal courts; and the lawyer who doe
not know when man has commit cd an act o
bankruptcy and Is liable to be punished In
court OF bankruptcy, or who does not know no,
TO institute proceeding IN court OF bank
ruptcy, can hardly expect to receive full shar
uf practice In any community.
In addition 10 this the admiralty iurislictio