Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-03-19

| pendence, and every power, Jurisdiction and
right which was not by the articles expressly
delegated to the United States in Congress
| assembled
When the government ofthe confederation
Jailed, chiefly through the want of all coer-
GIVE authority to carry into effect its meas
ures, its power being only that of recon-
mendation to the States, and the present Con-
stitutlon was adopted, the same general ends
were sought to be attained, namely, the Gre
alton OF "a central government, which would
take exclusive charge of all our foreign rea-
tons, representing the people of all the
States in that respect as one nation, and
| would at the same time secure at home free
dom OF intercourse between the States, equal
ity of protection to citizens of each State in
the several States, uniformity of commercial
regulations a common currency, standard
of weights and measures, one postal system,
and such other matters as concerned all the
States and their people.
Accordingly the new government was in
vested with powers adequate to the accom-
plishment OF these purposes, with which it
could act directly upon the people, and not
by recommendation to the States and enforce
its measures through tribunals and officers
of its own creation There were also re-
straints placed upon the action of the States
to prevent interference with the authority
OF the new government and TO secure to all
persons protection against punishment by
Legislative decree, and insure the fulfllment
of contract obligations. But the control of
matters of purely local concern, not coming
| within the scope of the powers granted or
the restraints mentioned was left where il
had always existed, with the States The
new government being ohe of granted pow
ers, its authority was limited by them and
such as were necessarily implied for their
execution. But lest from misconception
oftheir extent these powers might be abused,
the Tenth amendment was at an early day
adopted, declaring that the powers not del
cgated to the United States by the Constilu-
ton, nor prohibited by it TO the States, are
reserved TO the States respectively or to the
people"
Now, il we look into the Constitution we
shall not find single word from its opening
| to IFS concluding line, nor in any of the
| amendments in force before tho close of the
civil war, nor, as | shall hereafter endeavor
to show, in those subsequently adopted,
which authorizes any interference by Con
gress with the States in the administration
| Of their governments and the enforcement of
their laws with respect to any matter over
| which jurisdiction was not surrendered to
the United States. The design Of its trainers
was not to destroy the States but to form Il
more perfect union between them, and whilst
creating II central government for certain
great purposes, to leave 10 the States in all
matters, the jurisdiction of which was not
surrendered, the functions essential to sep
arate and independent existence And so
the late chief Justice, speaking for the court
in 1869, said mot only, therefore, can
there be no loss of separate and independent
autonomy 10 the several States through their
union under the Constitution, but it may not
be unrcasOnably said that the preservation
OF the States, and the maintenance Of their
governments are rs much within the design
| and care of the Constitution as the preserVa-
ton of the Union and the maintenance of
the National Government" and then he
adds, in that striking language which gives
to an old truth new force and significance,
that the Constitution, in all is provisions,
looks to an indestructblc Union composed
of indestructibe States" Crexas vs. White,
! z Wall, 1861
And Mr. Justice Nelson, also speaking for
the court, in 1871 used this language
"The General Government, and the States,
although both exist within the territorial
limits, are separate and distinct sovercigntes,
acting separately and independently of each
other 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 amendment. reserved, are us in
dependent Of the General Government rs
that Government within its sphere Is indie
pendent Of the States" And again: we
have said that one Of the reserved powers
was that 10 establish Judicial department /;
it would have been more accurate, and in
accordance with the existing state Of things
at the time, TO have said the power TO main
tain judicial department. All Of the thir-
teen States were in the possession of this
power and had exercised it at the adoption
of the Constitution; and il is not pretended
that any grant of it TO the General Govern
ment is found in that instrument. 1t is,
therefore, one Of the sovereign powers vested
in the States by their constitutions, which
remained unatered and unimpaired, and in
respect 10 which the State is independent
Of the General Government as that Govern
ment is independent Of the States" Crhe
Collector w. Day, II Wall, 14-G)
The eases Of Texas w. White and Col
lector vs. Day, were decided after the Thir-
teenth and Fourteenth amendments, upon
which it is sought 10 maintain this legislation,
were adopted and with their provisions the
chief justice and Mr.. Justice Nelson, and the
court for which they spoke, were familiar.
Yet neither they, nor any other judge Of the
court, suggested that the doctrines announced
in the opinions, from which ! have quoted,
were in any respect modified or affected by
the amendments
Nothing, in my judgement, could have n
greater tendency b. destroy the indcpcnd-
cnce and autonomy Of the States reduce
them 10 n humiiatlng and degrading de
pcndence upon the central Government; en-
gender constant irritation and destroy that
domestic tranquility which IL was one of the
objects Of the Constitution 10 insure, than
the doctrine asserted in this case, that Con
grcss can exercise COerciVc authority over
Judicial officers of the State in the discharge
Of their duties under State laws. 1t will be
only another step in the same direction tow
ards consolidation, when ID assumes 30 cxer-
cisc similar coerciye authority over govern
orr aud Legislators Of States.
The Constitution declares that "persOn
charged in any State with treason, felony, or
any other crime, who shall flee from justice
aud b. found IN another State shall, On de-
mand Of the executive authority Of the State
lrJin which he fed be- delivered up, 81 be
removed 10 the State having jurisdiction Of
the crime" Aud yet in the cise Of the
Commonwealth Of Kentucky W. Dominion,
where a fugitive from justice from Kentucky
wasdcmandod lromtho GoycrnorofOhi and
on his refusal Application was made ~ this
court for mandamus tO compel him 10 per
form his duty in this respect, IL was held
that there was no clause in the Constitution
which armed the Government Of the United
States with authority tO compel the eKecu-
tive Of q State 30 perform his duty, nor 10 in
ilict any punishment for his neglect Or rcili
sal. Indeed, such a power" said Mr. Chief
Justice Fancy speaking for the whole court,
would place every STATE under the control
aud dominion Of the General Government,
even IN The administration Of ~ informal
concerns and reserved rights" "a How,
. lOz) Aud Mr. Justice Nelson, IN the Gaze
Of Collector "a. DA, where II was held that
il was not competent for Congress ~ Impose
% tax upon the salary of q judicial officer Of
q State, said that "any government whose
means employed IN conducting rs operations
are made subject 10 the control Of another
and distinct government, can exist only nj
The mercy Of that government" lcOu,d add
% those authorities, II anything more were
required, that all the recorded uttemnces of