Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-09
JUDGE FIELDS OPINION.
ICSntinusd from Faa PuOs. |


conferred a. were essential to the sue.
cessiul aud efficient working Of the gov
eminent established; 10 facilitate inter.
course aud commerce between the PEG
pie OF the different States, aud secure 10
them equality Of protection in the sew
/ eral States.
That the central government wa,
created chiefly for matters Of q general
character, which concerned all the States
aud their people, aud not for matters OF
interior regulation, is shown "a much
by the history Ol ils formation. ~ by
the express language Of the Constitution
The Union preceded the Constitution
As happily expressed by the late Chiei
Justice, "it began among the colonies
and grew out OF common origin, mutual
sympathies, kindred principles, similai
interests, and geographical relations. II
Was confirmed and strengthened by the
necessities Of war, and received definite
form and character aud sanction from
the Articles OF Confederation. - Texas
e.. White, 725.l Those articles were
prepared by the
CoSriSENriAL CONGRESS,
which Was called 10 provide measures
Tor the common defence Of the colonies
against the encroachments OF the British
crown, aud which, falling to secure re-.
dress, declared their independence. Its
members ioresaw that when the indie
pendence Of the colonies was establish.
ca and acknowledged, their condition
a. separate and independent States
would be beset with dangers threate min
their peace and safety; that disputes
arising from conflicting interests and
riyalries, always incident 10 neighboring
nations. would lead 10 armed collisions
and expose them 10 reconquest by the
mother country. To provide against
the possibility Of evils Oi this kind, the
Articles oi Confederation were prepared
aud submitted 10 the Legislatures Of the
several states, and finally In 1881 were
adopted. They declared that the States
entered into u firm league Of friendship
with each other for their common de.
fence, the security Of their liberties aud
their mutual and general welfare; aud
they bound themselves To assist each
other against attacks ON account Of reli-
giOn, sovereignty, trade, or any other
prcicncc. They clothed the new gov
eminent created by them With powers
supposed To be- ample To secure these
ends. and declared that there should be-
FREEDOM OF INTERCOURSE,
aud commerce between the inhabitants
Of the several States. They provided
for general Congress, aud, among
other things. invested il with the exclu-
siyc power Of determining on peace and
war. except in case OF Invasion Of u
State by enemies or imminent danger Of
such invasion by Indians, ol sending
AMI receiving ambassadors, entering in
b. treaties aud alliances, OF regulating
the alloy aud value Of coin struck by
the authority Of the States or of tho
United States; oi fixing the standard Of
weights and measures; uf regulating tue
trade ana managing all affairs with tho
Indians. aud OF establishing and regula-
ting post Offices from ono State to an-
other; and they placed numerous re-
straints upon the States, But by mono
Of the articles was any interference au.
thorihed with the purely internal affairs
Of the States, or with any Oi the inHtru-
mentalitics by which the States admin
stcrCd their governments aud dispensed
Justice among their people, and they
declared i'm terms that each State retain
eel It's sovereignty, freedom, and indie
pcudcncc, aud every power, iurisdic-
ton, and right which VAS not by the ar
ticlcs expressly delegated To the United
States ia Congress assembled.
When tho
GOVERNMENT 90 TnE CONFEDERATION
failed, chiefly through tho want OF all
cOcrciyc authority To carry into elect
lts measures, its power being only that
oi Recommendation 10 the States, and
the present Constitution was adopted,
the same general ends we're sought to be
attained, namely, the creation OF cen
trail Government, which would take cX-
elusive charge III all our foreign relations,
representing the people Of all the States
i'm that respect as one nation, and would
at the same time secure nj home freedom
uiiptrrcoursc between the States,cquali-
IL uf protection 20 citizens uf each State
in the several States, uniformity Of con-
mcrcial regulations, "a common cur
rrncy, a standard ri Weights and meas
urCs, one postal system, and such other
matters a. concerned all the States aud
their people.
Accordingly, the new Government
was invested with powers adequate To
the accomplishment Of these purposes.
with which il could act directly upon
the people, and not by recommends
ton 20 the States, and enforce ils meas.
urcs'thruugh tribunals and officers Of
its own creation. There were also re-
straiuts placed upon tho action OF the
States to prcycut Interference with the
authority Of the new Government, and
90 secure To all persons protection
against punishment Nv legislative dc
cree, and ensure the iultillment oi con-
tract obligations Hut the control OF
matters Oi purely local concern, not
coming within the scope OF the powers
granted or restraints mentioned, Was
left, where II had always existed, with
the States. The new Government be-
iug one IL granted powers, its authority
was limited thcm and such ~ were
necessarily implied Tor their execution.
Hut lcst from misconception of their ex-
tent these powers might be- abused, the
tENru AMENDMENT
MAS ht an carry hal hlolN'hs NN''"iNh
that the powers not delegated 10 the
United States by the Constitution, nor
prohibited 10y IL 10 the States, are re-
served ~ the States, respectively, or To
the people
Now, IL We look into tho Constitution
We shall not find single word from It's
opyning to it's concluding hne, nor in
any ri the amendments. In iorcc, before
the close OF the civil war, nor, as ] shall
hereafter cndeavor 10 show, in those sub
scquently adopted, which authorizes any
interference by Congress with the States
i'm the administration vt their govern
mrnts, and their cnioccmcpt at their
laws with respect 10 any matter over
Which jurisdiction was not surrendered
Ia the United States The design ol
IL trainers was not TO destroy the States,
but To form more perfect union be-
tween them, aud whilst creating a cen
trail government Tor certain gtrat pur'
posrs. To leave to the States IN all mat
ters. the jurisdiction u which was not
surrendered. the functions essential 10
a