Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-03-05
CLEARFIELD, Pa, WEDNESDAY, MARCH 5, 1879


made that thcyhad wrought any chang
whatever in our duplex system Of Stat
, and Federal Governments and theil
} mutual relations.
at is q familiar rule of construction,
said Judge Nelson, "of the Constitu
tion of the Union, that tho sover
eign powers vested in the State gov
ernments by their respective constitu
tions, remained unaltered and unim
paired, except so far as they wer,
granted to the Government of The
United States. Thnt the intention O
the trainers OF the Constitution in thil
respect might not be misunderstood
this rule Of Interpretation is expressly
declared in the tenth article OF tht
appointments, namely: THE powers
not delegated to the United States are
reserved to tho States respectively, or
\ TO the people The Government o.
the United States, therefore, can claim
no powers which are not granted to il
by the Constitution, and the powers
actually granted must be such as are
expressly given, or given by necessary
implication.
The General Government, and the
States, although both exist within the
same territorial limits, are separate
and distinct sovereignties, acting sepa-
rately and independently of each 9th.
er, within their respective spheres
The former in its appropriate sphere
is supreme; but the States within the
limits Of their powers not granted, or
in the language OF the tenth amend
ment, reserved, are as independent Of
the General Government as that Gov.
ernment within its sphere is independ
ent of the States
The relations existing between the
two governments arc well stated by
the present Chief Justice in the case
of Lane County VS.. Oregon
Observe the language: "The rela.
tons eriSting." This decision was
made in the presence Of these amend
ments, recognizing their validity and
force in the Constitution and existing
as they did then. This is the inter,
probation
"Both the States and the United
States existed before the Constitution
The people, through that instrument,
established more perfect union, by
substituting National Government
acting with ample powers directly up
on the citizens, instead Of the confed-
crate government, which acted with
powers greatly restricted only upon
the States. But, in many of the arti-
cles Of the Constitution, the necessary
existence Of the States, and within
their proper spheres, the independent
authority of the States, are distinctly
recognized. To them nearly the whole
charge Of interior regulation is com.
mitted or left; TO them and to the peo
pie, all powers, not expressly dclegat-
ed to the National Government, are
reserved. Upon looking into the Con
stitution il will bc carried into practl,
cal effect without the existence of the
States"
Two years later, in December, 1872
after all the Legislation by Congress
had been accomplished in respect Of
their enforcement these three amend
ments were carefully reviewed by the
Supreme Court in the cases known as
the Slaughter House cases, which are
reported in l6 Wallace. The opinion
of that court, as delivered by Mr. Jus
tice Miller, impressively states the
character of the question and their far
reaching Importance.
ave do not" said the Judge, conceal
from ourselves the great responsibility
which this duty devolves upon us. Nc
questions 80 far-reaching and pervad
ing in their consequences, 30 profound
ly interesting to the people of this
country, and so important in theiI
bearing upon the relations Of the Uni
ted States and Of the several States "a
each other and TO the citizens Of the
States and of the United States, have
been before this court during the Off
cial life Of any Of It's present members
We have given every opportunity fol
a full hearing at the bar; we have dis
cussed it freely and compared views
among ourselves; We have taken am
pie time for careful deliberation, and
we now propose to announce the judg
ments which we have formed in the
construction of those articles, so far ai
we have found them necessary to Tho
decision of the cases before us, and be
yond that we have neither the inclina
tion nor the tight to Co."
am glad to read this decision il
the presence of one ofhis learned breth
rem Mr.. Davis, of lllinoisl who since
that time has fortunately become {
member Of this body, and whose judg
ment was included in that delivered
by Mr.. Justice Miller.
At page 76 Of the same case, th,
court proceeds to consider the question
OF civil rights, privileges, and immuni
ties of citizens of the United Statel
to MAINTAIN those rights within the
several States; and ii is impossible L
find words oil greater iorce than tnos'
employed by the court Alter citing
the celebrated opinion which was $
often accepted by the court, of Mr.
Justice Washington, in the case Corn
held VS. Coryeil IN 1919, as 70 I'M
meaning OF tine iundamentai rlghu
and privileges oil the citlzehs' TN
court goes on 70 say;
"This definition of the privileges
and immunities Of citizens Of the State
Is adopted in the main by this cour
in the recent case OF Ward vs.. Th'
State Of Maryland, while it declines L
undertake. on authoritative definition
beyond what was necessary to that de
. l . = a x.tL AL