New-York tribune., 1875-07-01
LAWYERS IN PUBLIC LIFE.
ADDRESS OF GOV. CHAMBERLAIN.

ADDRESS OF GON.
DELIVERED BEFORE THE YALE LAW scHooi~NA1ioN
| AND STATE RIGHTs-A COMPREHENSIVE VIE" of
suFFRAGE-A RETURN TO SPECIE PAYMENTS THE
ONLY HONEST COURSE.
Gov. Chamberlain Of South Carolina delivered an
address Yesterday before the Yale Law School. lie
invited the attention of his audience to Some OK the
relations and present duties of the legal profession 10
our pubc life and affairs" Skctchng at the outset
the general conditions and relations OF law 10
society he proceeded TO indicate three great leading
characteristics of the legal profession characteristics
not of one period but of all periods OF It's history
characteristics determined not by the peculiar type
of one generation or race of men, but by the nature
of man and the universal institutions and growths
Of his social AMI political life; First, Its constant
Identification with the practical activities vi
society; Secondly, its unbroSen, neXtncaoie oohitc
ton with the general current well As special
phases of history; Thirdly its actual progress ana cor
respondence with the material and moral CONDITION
Of the people. The discussion Of these points was
Thoughtful careful and elaborate but inasmuch as IL
concerned lawyers alone preference is here gwen TO
The closing horizons of tho speech in which national
questions were considered.
II there be before any grave, deep questions toncn
ing common national welfare u dasers IL nc , ny
our path II n choice Is to he MADE be- wcn lFal puDc
policies opposing popular tendencies, ths is ~" oei
o1e such Question is presented 'hink by the inquiry as
10 what are he true relations OF our state Governments
to n SatGna cid m nr consion The debates in
the Convention OF l7S the tedeiailai the c; lis,oiS @
ons under This general head settled Hamilton SET
ted some. Marshall Others webster 9hcs. ~ nav nav
he said. that for all pu poSes c-shtla 10 our .oi ON
plee functions nation for ,naihtnmg our rs's % ~
inflicted threatened by other powers; or hnnuhhs
existence and integrity as one people 4so t as %
saults Of domestic violence or icDc9h IOt puoor%5 %
tie separate existence OF the states, the Na,lol uo.
cruntnt il armed by the Constitution with adequate
powers. Armed by ,he Constitution saY lhat II @ no
source the test. the oi oar national powers a
not unwilling concce that our Government ~ tne d
u0iiory OF sovereign national power m nave cert.ih i
Implied powers which belong to soNercshty o.rr nu
such powers, if they cXst. have wei dcihed lhlois
whcl place them entirely beyond thc pie oi ri' 81,
disr.siou Upo every ground OF reason and authority
such powers arise only If at all, III eiheiSerccS With m
vove national existence state an 81 ptGnJJ nJ
belonging To National Government III any department
or in al dcl1rte'S i fact When saS that ali
rnlIs not delegated to the General Government ny thc
Constitution, nor prohibited Dy IL 10 inc 0'''' u" "o
btions to The General Governments
NATIONAL POWERS AND STATE RIGHTS.
Bv anplving these propositions to the settlement OF any
doubtful questions, readily grant that duc reference
must be had to the ordinary implications OF express
language; that the grant of power or the imposing OF
duty carries with it by implication those incidental or
subordinate powers which may fairly De regarded as nee
ssary the ccient exercise of the power Granted OF
also thai written instrument must be constantly CON
silied in the light 0t its great leading rirpoSes Nne,
lowcycr MI this is conreded there rcmin- wide range
of powers delegated to the General GoNcncni anu
n1t prohibited to the siatcs There arc thch iailoal
powers and rights and there are state r-nt ana low's
and these two classes Of powers coeNSt everywhere
within the territorial limits Of thi- country These TWO
classes OF powers have occasoneG TWO ust zen
denotes and policies in all our political nlStoi3 =,
the tendency to en'gd stSto 'Te pevers csnro1aon
and the tendency to enlarge state Lows t%1,,,on AZ
1nT the prevailing tendency Of the public
mind during tie first seventy years of onr history uhder
tLe Constitution was toward the limitation of national
powers and the corresponding enhancement oI siao pow
ers. In The latter half of tnat period ts ehdenN no
our Union 1t culmnated in the claim OF a right on the
part of any its relations as constituent oi
state to ina,an that claim by force of arms against the
National Government The result OF ms was de:orh m
National Government not only to MAINTAIN tnc own
adherence but comne the adherence of all the states
II was inevitable that the opposite tendency, the tendency
10 enlarge the national powers, should receive an li
foowed certainly called into exercise some hitherto u
used naiOnal powers. and THINK an IMPARTIAL JudSheht
will concede that put into exercise some douotIu OF
| extra-constitutional national powers .,
TIE event of the war was the complete overthrow OF
armed resistance 10 the national authority ana me III
corporation into the Constitution OF certain povisi0S
thc general OF which, in legal point OF view, has
been the enlargement OF nauOai poMeis III cr,n re-
specls and correspond nS restriction OF the powers oi
the states. - much t.t Is beyond dispute E,chts
byond recall have giVeh 'ast Impulse 10 ihc lchuchcy
toward Capitalization. ana nave finally ana justly gwen
now powers enlarged old powers POSSESSED by the Nd
tional Government But all ms mas hot cnhnsed inc
nature Oh the dual, complex system Of Government under
!
NATIONAL and state, central and local That system
nick at first is complex sti-thc orderly blending. the
deicate adjustment Of rival forces and d. inct powers
The sonrcc and measure Of power still the writ
ten Constitution. The powers granted by lat C0stiti
no more 10 more. The effort of the statesman, the wish
OF the patriot. still must be TO keep The true, just line
national purposes, and tho autonomy OF the states FOR
local government Each Is essential to the lie and sue
Co.'S or Onr sy stem. If the autonomy of the states
be impaired destroyed, the nature of our Govern
mSni PSc Is or ore ppcoaSy the tnited Em Of
but shall certainly no longer be the United Sdfes OF
nndne even TO the point danger toward such cntral
zaiionl think such tendency disclosed both in pre-
vang lines of argument and In actual events We hear
much present OF the broad duties Of the National Gov
cInmen TO protect all its citizens in all their rights to
redress all their We are told that government
which nils do this is unworthy OF respect or aegiance
We urged not to pause in noM devices OF national leg
saticn till every il compelled 10 do justice 10 his
neghbor We are pointed ] s2gnes % ny & contrast 10 me
Europe the Emperor of Germany or the Car of russia,
vindcao and enforce Ihc ri-lS Of her Git2cs In the
pgound republic that crushed the mishest rebellion III
history DO lessf -.
dcrstand and value ai It's worth system Of gov
einment TO answer such appeals by a iir1n imnoyaDe
reference 10 our written Constitution and its lndls-
pntable limitations. Whatever the Constitution EN-
! Whatever the Constitution does not empower the
tonai Government 10 do let il not bo done. The cX-
of rnr"c has no application mere orr national Gov
eminent chief Executive. have limited powers We
have moi undertaken here in America initiate the CON
vcncnt simplicity despoisn. We have developed an
ahorac c0nryance OF raj ana local powers, with
checks ana balances for Zach 40 doubt our system is in
many WAY inconvenicn Fisher Aincs saw this in the
youth OF II Government when he said: . a monarchy
is nigh min-Of-war-stanch, ilOn-ribbcd rcsistless
when full slyet single hidden rock sends her
the bottom OR Republic Is Ia hard to steer, Your
feet ALWAYS II, but nothing can sinh her" The
fruits If ~ iarchy | will not characterize. The
fruits OF our system such degree OF per-
sOnal freedom, Of material advancement, OF col
icctiyc power, is to-day without parallel.
IT, then local disorders arise in part o
what Is the remedy II by exercising doubtful powers
or finding new powers lor our National cytrnnent