New-York tribune., 1877-06-02
CONSTITUTIONAL Law.
ADDRESS BY J. RANDOLPH TUCKER BEFORE TIE
LAW DEPARTMENT or THE UNIVERSITY OF
MARYLAND.

ADDRESS BY J. RANDOLPH TUCKER BEFORE TIE
LAW DEPARTMENT or THE UNIVERSITY OF
MARYLAND.
BALTIMORE, Md, June 1.-The annual COM
mencement exercises OF the Law Department OF the
University OF Maryland took place today at the Academy
OF Music, which was crowded with spectators. There
were 81 graduates The Hon. j. Randolph Tucker, NJ Co.
OF Virginia. delivered the Grafton.
After treating OF the profession and origin OF law MI
Tucker said it would bo If he failed TO refer
to a branch Of legal science which is peculiarly American
Constitutional law. This was the science OF the rela
on between the Government and the citizen IN respect
to which America claims TO have made Important I'M
proyements Constitutions, the manner OF organizing
tho social force is left for mans conriyance. The
"powers that be" are twOfod organic and deriyatiye
The sovereign authority OF the people is organc that OF
the Government derivatye. The former paramount the
latter subordinate. The ono Is creative, the other
created Tho delegates. the other Is delegated Inc
principal the other tho agent This principle re-
jecs wholly the idea that any government Is enued 10
servile obedience TO any obedience where itself Vio
ates the law of its creation sets at naught the cnarer
its authority Referring to our Federal system of
Government Dir. Tucker said:
II Is true that despite all tho cautiousness OF our
fathers the Federal system has failed TO reaIIe a no
hopes OF its founders. Tho spirit or centralsn mas
scduced men at the mad bidding of fanatca sentiment 10
extend the domain of Federal power TO the detrmen Oh
rights OF the state, and this brought about
Is upon which the true h1ond of liberty must look
with dependency almost AKIN 10 despair 1ou nav
this city the venerable Chei Justice wearing me
ermlno o tho highest court OF the laud deneu Dy tS
military when he threw about the persons OF your c
zcus sacred writ Of habeas corpus. You nave seen
State Legislature invaded, Its members imprisoned,
aud Its organization broken up NOu have seen the
governments of eleven states superseded ana mIary
Governments established over them Dy authority OF
Congress. You have seen the writ OF habeas corpus suS
pended by order OF the President IN time or cy war;
and the same thing done by Congress In time OF peace
You have seen the question OF state Government detcr
mined by tho President, and tho whole state power
placed the mercy OF mis- decree. You haVo seen the
sOdiery standing the doors OF the Capitol rs me
arbters OF their legislative organization, and the clY
subordinatcd To the military power; ana these tllhss
have been done in the teeth of Constitutional prohibitions
and limitations, and IN violation Of the sacred lhstu
tiOual prucllcs OF the BrtishA American liberty But
gentlemen, nave not despaircd. Will not despair or
this Rcpubc of COuicdelatCd COmmOuWcalths. lhey
created the Union by their concurrent compact, ana
they can save t by their concurrent action we are
faithful 10 the institutions Of freedom; II the legal
mind VIII stand true 10 tho transmitted TRADITIONS
OF ancient liberties during these ten centuries
to the fundamental principles on which our fcdefaVe
system ress and maintaining the complete autonomy OF
the States essential and permanent part Oi our
organic law, and steering wisely between the national
ceutrasm on The one hand, ana any tendency
of tie States TO deny needful authority To the Federal
GONcfnucuC the other we shall check corr upton Dy
limiting power, prevent decay by Yltazng the organic
principles Of the Constitution and purify the Admins
lrdtiOn by controlling patronage We VIII save the le-
public and better, viii strengthen ana perpctualo
Oui liberties But ~ ceutralisn shall eat O lhe power
Of uc Satcs A. independent creators OF the COnstiu-
ton a. TIE parties to Federal compact and as essen
fid factors IN the Government, then the days OF the
Republic VIII be numbered, and Tree cltIcns O lleae
states wilt the subjects OF an imperial deSpOIs
But fOrbcar 81 say moro on THIS tempting subject