The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-03-20
TILE UElNOCRAT
SATURDAYS. Mar. 80
pdSontinned trenl The la Page

lStcu, WltH Llle states. Inc new
Government being one of granted
powers, its authority was limited
10 them and such as were ncccsSa-
rily implied for their execution,
But lest from misconccption oftheir
extent these powers might be
abused, the Tenth Amendment WAS
at an early day adopted, declaring
that "thc powers not delegated to
the United States b. the Constitu-
ton, nor prohibited by it TO the
States, are reserved 10 the States,
respectively, or TO the people"
Now, if we look into the Constit-
ution We shall not find u single
word from its opening to its con-
Guiding line, nor in any of the
amendments, in force, before the.
close of the civil war, nor. ny ! shall
hereafter cndeavor to show,in those
subsequently adopted, which au-
thorizes any interference by Con-
gross with the States in the admin
istration of their governments. and
their enforcement 0fthcir laws with
respect to any matter over which
jurisdiction was not surrendered Ia.
tho United States. The design of
its trainers was not to destroy the
States. but TO form Il more perfect
union between them. AMI whilst
creating n central government for
certain great purposes, TO leave To-
the States in all matters, the juriS-
diction of which was not surrcn.
dered, the functions essential 10.
separate and Independent existence.
And so the late Chief Justice, speak
ing for the court in 1869, said
Not only. therefore, can there be
no loss Of separate and indcpcnd-
ont autonomy tnthc States. through
their union under the Constitution,
hut il may he not unrcas0nahly said
that the preservation Of the States,
and the maintenance Of their gov
crnmcnts, are us much within tho
design and care Of the Constitution,
as the preservation of the Union
and the maintenance ofthc Nation
al Government" and then he adds,
in that striking language which
gives to an old truth new force and
significance, that "thc Constitution,
in all its provisions, looks 10 an in
dcstructiblc Union composed of i'll
dcstructihlc SIatcs."-( Texas VS..
White, Wall, 725.
And Mr.. Justice Nelson. also
speaking for the court, in 1861, used
this language: "Tho general gov
ernmont, and the States, although
both exist within the same tcrritor-
ial limits, are separate and distinct
sovcreigntics, acting separated Y and
independently of each othcr.within
their respective spheres. The for.
mer, in its appropriate sphcrc,is SUI
preme; but the States within the
limits of their powers not granted.
or, in the language of the Tenth
Amendment, reserved, arc as indie
pendent of the general goYsrnment
as that government within It's
sphercis independent ofthc States"
And again: I'VE have said
that one of the reserved powers
was that to establish 4 judicial
department; ii would have been
more accurate, and in accordance
with the existing STATE of things nj
the time, to have said tho powers
TO maintain Il judicial department.
All the thirteen States were in the
possession Of Ellis power, and had
exercised it ut the adoption of the
Constitution; and it is not pre-
tended that any grant Of it to the
general government is found in
that instrument. 1t is, therefore,
one Of the sovereign powers vested
in the Suites by their constitutions,
which remained unaltcrcd and I'M
impaired, and in respect to which
the State is as independent Of the
general government us that govern
mcnt is independent Of the States"
tThe Collector VS.. Day, II Wall.
1916.
The cases Of Texas vs.. White,
and Collector VS.. Day were decided
after the Thirteenth and -Four
tccnth Amendments, upon which
it is sought to maintain the legis-
lation in question, were adopted /;
and with their provisions the
Chief Justice and Mr.. Justice Nell
son and the court for which they
spoke We're familiar. Yet neither
they nor any other judge of the
court suggested that the doctrines
announced in tho opinions from
which | have quoted were in any
respect modified or affected by the
amendments.
Nothing, in my judgment.
could have Il great tendency to de-
stroy the. Independence and auto
nOmy Of the States; reduce them
TO Il humiliating and degrading de-
pcndcnco upon the central govern
mcnt; cngcnAer constant irritation,
and destroy tina, domestic tram
guilty which it was one Of the oh.
icctS Of the Constitution to insure,
than the doctrine asserted in this
case, that Congress can exercise
rnnr.ivn uuihnritv nv,r iIIiriul