Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-02-21
wrssrER,s JUSTIFICATION.

wsssTEEs JUsrIFICATlOS.
nj. oman manner in which disunion,
..ss; IN or a separation of the States is
D.a.tad and recommended in some
..s of the country naturally calls on
Ia wnom are confded the power
suJt,nst of maintaining the oonstitu-
-, and seeing that the laws Of the
S STs;tad States be faithfully exec uted, to
oaaac. oS. noon the duties which events not
=. indeed probable, but possible, may
y.n;re them to perform. In the North
~ and Eastern States these sentiments
ssd;s1nion are espoused principally by
o.,eon, of heated imaginations, assem-
Si;no together and passing resolutions
- snah wild and violent character as to
.srder them nearly harmless. 1t is not
I'm other parts of the country. There
- States in the South in which seces-
.;cn and dismembermsnt are proposed
- recommended by persons of charae-
"a, and influence. filling stations of high
,nblio trust, and, it is painful to add,
Z snne instances, not uncOnnected with
~ Governmsnt of the United States it
ssN Legislatures of some Of the States
have directed the government of those
States to reassemble them IN the cOntin-
ceuoy of the passage OF certain laws by
G0neress. While these occurrences do
not constitute an exigency calling for
,ny positive proceeding, either by the
s1scnt;ye government of the United
stats, or by Congress, yet they Justly
svaken attention and admonish those
n whose hands the administration of
tbe government is placed not to be
sosnd unadvised, surprised or unpre-
nsrsd should crisis arise. The oOnsti-
tution of the United States is founded
m the idea of division of power be-
tvaen the general government and the
Yasoective State governments; and this
division is marked out and defined by
the constitution of the United States
With A. much distinctness and accuracy
~ the nature of the subject and the i'm
perfection of language will admit. The
povers Of Congress are specifically
Enumerated, and all other powers neces-
eary 10 carry these specified powers into
efect are also expressly granted. The
constitution was adopted by the peO-
ple in the several States, acting through
The agency Of conventions chosen by
themselves; the legislatures of the States
had nothing to do with this proceeding
bat to regulate the time and manner in
which these conventions thus chosen by
the people, the true source of all power,
should assemble. The constitution of
ths United States purports to be per-
petual form of Government, it contains
no limits for its duration, and suggests
no means and no form of proceeding
BY which it can be dissolved or it's obli-
cations dispensed with; it requires the
personal allegiance of every citizen of
the United States, and demands . sol
smn oath for its support from every
man employed in any public trust,
whether under the Government Of the
United States or any State government.
This obligation and this oath are en-
joined in broad and general terms,
without qualification or modification,
and with reference to no supposed pos
Gble change Of circumstances or events.
No man can sit in State Legislature,
or on tho bench of State Court, or ex
ecute the process of such court, or hold
commission in the militia, or fill any
other Office in State Government,
without having first taken and sub-
scribed an oath to support tho COnstitu-
hon Of the United States. Without
boxing therefore, to what might be the
nsalt Of forcibls resolution, since such
courses can, of course, be governed by
~ previously established rule. it is cor
tainiy the manifest duty of all those who
an entrusted with the Government of
the United States in its several branches
and departments to uphold and main
tain that Government to the full extent
Of it, constitutional power and author
ity. to enact all laws necessary to that
end, and to take care that thorough
laws be executed by all the means orc
ated and conferred by the Constitution
issslf. We are to look to but one future
and that future in which the cOnstitu-
non Of the country shall stand as il
now stands; laws passed in conformity
70 il to be executed az they have hither-
b been executed, and the public
peace maintained, a. il has hitherto
been maintained. Whatsoever Of the
future may be supposed to lie out of
this limo il not 20 much thing to be
eypected o. thing to be feared and
dreaded, and to bs guarded against by
the hfmeat resolution and the utmost
vigilance Of all who are interested with
She conduct Of public Affairs; no alter
native can be presented which is to
authorize them to depart from the
course which they have sworn to puf-
sus. In conferring the necessary pow
~ on the general Government, it was
soresesn that questions al to the Just
extent OF those powers might OCCUR, and
that eases Of conflict between the laws
q the United States and shs laws Of in.
eividuai States might arise. II was of
indispensable necessity, therefore, that
The manner in which such questions
oeald DO settled, and the tribunal
which should have the ultimate author
ny 70 decide them, should be established
and nxed BY the constitution itself; and
sels has been clearly and simply done.
ny the Constitution Of the United
MATES. that instrument itself, all acts OF
Con9ress passed in conformity to 1t, and
poolie treaties constitute the supreme
~ ct the land, and arc to be Of CON-
uolllng force and effect, anything in
~ state Constitution or State Law to
9e contrary Notwithstanding; and the
lodRes in every State rs we'll as of the
courts Of the United States, are ex-
peeoly bound thereby. The supreme
mis' then, is plainly and clearly de-
eia!sd and established; il is the COnsti-
otlon OF the United States, the laws of
Vearess passed In pursuance thereof.
ana treaties made under the authority
q the United States. And here the
@ns and turning question arises. Who
the last resort is to construe and in
Hspret this supreme law? II il be
NlsRed, for example, that particular
- OF State Legislature is violation
tne Constitution of the United States.
snd therefore void, what tribunal has
sotnoritv finally to determine this i'm
possant question? Il is evident that il
Ge power had not been vested in the
G1ounAls Of the United States tho 0sv-
1nmsnt would have wanted the means
y its own preservation; all its granted
po.sm would have depended upon the
sIiaois and uncertain decisions Of
sats courts.
nie veil established maxim in po-
uaoal organization, that the judicial
kover must be made co-extensive with
- - constitutional and legislative power;
GerWlse there can be no adequate pro-
susoo for the Interpretation and execu-
49, OF the laws. In conformity with