Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-03-05

suance Of this theory we have seeI
within the last eight years law aitel
law enacted by the majority which hal
been dominant in Congress in the las
eighteen years, invasive Of the prero
yatives OF other branches of the Gov
ernment and completely subversive Of
the essential rights OF the States. Th,
records of congressional debates will
disclose tho wild and revolutionary ex
tent to which the claim of power by
the advocates Of this construction hav,
gone, and to-day what these resolu
tions really propose is continuedsin
vasion not only of the essential right,
of the States by continuance Of the
same general class of legislation which
already has been enacted by Congress
for the purpose OF enforcing these
amendments, but also Of usurping the
function OF Interpretation Of the fund.
amental law.
Mr.. President, against nothing cert
ice more strongly icarned By the founders
Of or Government and The most sedLou,
advocates Of the Constitution than The ac.
cumuiation Of poioer in a single branch
AR tcrits upon Government as cited Il,
the Federdlist BY Mr. Madison eonca,
thdtthe accumulation Of poicers, erecutipe
judicial, and legislative, in any singtt
hand is the rery definition Of tyranny
In framing law or an amendment ia
the Constitution, | hold it to be the
power of the legislative branch to en-
ploy proper language TO their object
but in the execution of the laws, the
Interpretation of the language which
has been used by the legislative branch
must be controlled by the judi.
ciary, and laws passed by subsc-
quent legislatures dcclaratory Of the
meaning Of constitution or a law have
no binding force whatever upon the
judicial branch who in the performance
of their own duty are called upon to
interpret for themselves the law as II
was originally passed.
In their contributions to the FEEDER.
alist Hamilton and Madison have warn.
ed us against the revolution in Govern
ment that can be accomplished by mis-
construction and false Interpretation, as
one OF the most dangerous and easy
methods by which the stability of a
constitutional government may be over
thrown, all the more dangerous be.
cause unperceived in its approaches
armies drrdyed in open force 10 0perthroi0
a government are not half so dangerous
as this subtle attempt 10 undermine clear
provisions by false construction, 10 create
po,orS BY Interpretation that nerer 'cere
intended, TO destroy that regularity and
separation Of po,oerS ichich is essential 10
cipR liberty.
Treating these resolutions of the
honorable Senator from Vermont by
the light of others which have been in
troduced by his party associates into
the Senate at the present and former
sessions, we see the design by false
construction Of the Constitution and Its
amendments to bring within the con-
troll OF Congress tho great body Of civil
rights, the fundamental privileges and
immunities of citizens which have al
ways in the history Of our Government
been admittedly confided to the sole
domain and control of the State gov
ernments without power of interfer.
ence in any degree by the Government
of the Union. From time to time the
attempt has thus been made 10 change
our form Of government into a centrdlisa.
tion of unlimited poioers. An issue no
less grave, in my judgment, than this
is gradually shaping itself in this
country. Parties are, perhaps insensi-
bly,, being arrayed on one side or the
other of this great dividing question,
the Capitalization OF power in the Fed
eral Government without Limitation ex'
cept that which the mere will Of Con.
gress may impose.
Sir, I hold this 10 be the real and dan.
grous issue that lies at the basis Of all tkest
attempts by construction 10 ertend the ju-
r,sdiction Of Federal poicer TO obliterate
those limitations, which delegate 10 the
Federal Government that comparatively
unlimited sicdy opcr the persons, the prop
erty, the ciua rights, the privileges, and
the immunities Of the citizen, which were
confded or rather which were left un'
disturbed wholly in the care of the
State governments except those lin
tied and careful grants Of power TO the
Government Of the Union which are
enumerated in the written character
and il is against every step in that di
rection that protest, that l now pdrr
the Senate, and against uhich shall
euer be found in pigitant opposition
Sir, | do not propose TO repeat argu
ments made by myself or others in thu
Chamber heretofore, since 1870, in op
position to that general mass Of legis
lation known as the reconstruction
laws or the enforcement laws, which
then considered and still consider TO b'
wholly without constitutional warrant
and as invasive ana destructive Oh .n'
essential powers oi the STATES DeSpit'
the disrespect which mas oeen express
cd on this hoor oy the senator IRON
Vermont ior the decisions OF ,ne ou
preme Court oil Inc United o.a'es, ano
although 40 not ieei myseil aole '
go TO the iength OF thc proposl.loh'
laid down oy tne n~Vnoraole ~ oena.o' 70
from Alabama, mr.. Morgan,J ye. tn'
recent decisions winch nave peen mhu' il.,o'
by that tribunal are hoe only on''.'o. M
TO obedience wniie tney remain unre @
versed, put tney 90 iorm LANDMARKS . =
proper limitation upon thc exercise Q
legislative power, ana can conce's'
nothing worthy oi ths name Of a aul,
or even Justincation IN reiterated u,