The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1881-04-09

were announced and enforced by the Wlses
interpreters of the Constitution. 1t was the
doctrine of Jefferson, of Madison, OF Jack
son. Il is the doctrine of the Democratic
party; it is the doctrine of the majority o.
the people of these United States as ex
pressed at the polls in the Presidential
election of 1876 and 1880 and in toul
years more the Government will be con
trolled by Democrats, the wild theory Of /
national, concentrated centralized paterna
government will be done away with, and
the Government will be eoaxed back into
the base of its prescribed authority and
kept there by the seal of the Constitution
Some say the "war has changed the char
acter of the Government, that the ar
bitrament of arms has decided the doctrine
of States Rights, and that there is no ar
guing down cannon balls. deny this
and for reasons here quote the decisions OF
the Supreme Court of the United States,
the highest Judicial authority, the Consti.
tutional interpreter Of the Constitution; a
decision rendered ia 1871, loug after the
arbitrament of the sword, long after all the
amendments of the Constitution were adop-
ted decision given on the Constitution
as it exists at this present time, aud pro-
nouuced by a nearly unanimous court, only
one Judge dissenting aud he not denying
the doctrine of States Rights | quote
only portion of the decision, but the Gu
tire opinion is full of wise States Rights
doctrine of the kind that finds recognition
among the people. Judge Clifford, Of
Maine, one OF the Judges OF the United
States Supreme Court, first decided the
case on his circuit. 1t is the case Of
Burlington vs. Day.) Judge Clifford gave
Judgment for Day upon the express
ground that Congress could not Interfere
with the necessary agencies for legitimate
purposes Of State Government; aud that
the State within the limits Of its reserved
powers is wholly independent OF Federal
control Hesays the Federal Government
was the creature of the States counties
and cities were created by the States, bu,
the States were not created BY the United
States, Is the States existed as independent
soyereiguties before the Union was formed
aud they continued 70 be such fruul the
Declaration Of Independence, aud are such
today, except so far as they have given
some of their sovereignty TO the Federal
Constitution. The settled construction Of
the Government Ct the United States IS
one Of limited powers as shown TO demon
stration BY Amendment 10 Of the Consti-
tuition. This fundamental principle uu-
derlies the entire frame work Of the Gov
ernment at ihis time Judge Clifford says
most OF the poweR conferred upon the
Government of the United States are ex-
elusive aud il Is unquestiouably true that
the national government 10 the exercise Of
those powers IS supreme; but it Is equally
true that powers not delegated 10 the Tut
ted States by tie Constitution, uor pro-
hibited by il to the States, are reserved to
the States respectively; and il follows that
the States IN the exercise Of such powers
IS are not delegated TO the United States
and are reserves to them are also sHPresse.
Exclusive power possessed BY the Quilted
States cannot BE- exercised by the States,
nor eau the exclusive powers possessed BY
the States be exercised BY the Federal
They are 10 these respects,
though exercising jurisdiction within the
same territorial limits, separate aud dis
tinet sovereignSies, acting separately aud
Of each other IN their re
speeiive spheres, just as fully as "if line
of division was traced by landmarks and
visible to the eye; and he
refers TO cases decided in the Supreme
Court Of the United States confirming has
decision Ableman vs. Booth, n How;
VS.. Maryland, Wheat; Aus
tin rs. The Alderman, Wallace.
As before stated Judge Ciifford's opiu-
ion is sustained in the Supreme Court; the
opinion was delivered by Justice Nelson,
Speaking for the Court he says III is
familiar rule Of construction Of the Con-
stiiutiol Of the Union that the sovereign
powers vested 10 the State Goyernu cuts
By their respective Constitutions remain
unaltered and unimpaircd except so far as
they were granted to the Government Of
the United States.
That the intention Of the trainers e
the Constitution in this respect might not
be misunderstood this rule Of interpreta-
ton is expressly declared in the Tenth
article Of the Amendments, namely, The
powers not delegated to the United States
are reserved to the states respec lively or
to the people.
The Government Of the United States
therefore can claim no powers which are
not granted to it by the Constitution, aud
the powers actually granted must be such
as are expressly given or given by ueces-
sary implication. The General Govern
ment aud the States, although both exist
within the same territorial limits, are sep
arate and distinct soyereignties, acting
aud Independently Of each other
within their respective spheres.
"The former in its appropriate sphere
is supreme, but the States within the lin
IFS Of their powers not granted or in the
language Of the 10th Amendment, Gre
served, are as iadepen3eat Of the General
as that Government within its
sphere is independent Of the States.
So the Democratic party is not only en-
dorsed by the Constitution, BY the popu-
lar vote, but by the Supreme Court in
the Rights of the States.
Democrats must believe in, insist upon,
and heartily cherish the true doctrine Of
States Rights.
Ours is a Constitutional Union of SOW
ereign States. The Constitution and the
Union 90 together. States Rights and
strict construction are cardinal principles,
and if the great charter of our government
is wisely carried out, this country will
and its citizens will continue to be
freemen of the greatest country beneath
the sun. w. Z. STEWART.
Eqstoa, Nd, March, 1881.
A bill was introduced in the Delaware Leg
islatnre Tuesday asking the right of way for
a ship canal across the State anywhere south
of AppoqniHimink Creek. Two charters have
already been granted to the Sassafras and the
routes, Congressman Martin