The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1885-03-20


chosen for the execution of an ac-
knowledged power of this government
must not be prohibited by the constitu-
ton. Second, it must bear direct re-
lation of means to an end or. in other
words, it must execute the power
which it processes to execute. Third,
| it must be considered with both the
letter and the spirit of the constitution.
The last qualification he explained to
be that if there is any positive pro-
vision of the constitution with which
the means chosen is in conflict, or if
that means is inconsistent with the
great objects for which the constitu-
ton was established, 4 is within the
range of the legislative discretion.
Many illustrations of this comprehen-
sive rule were given. and among 9TH
ers the lecturer referred to the legisla-
ton making the promissory notes of
the government legal tender for pri-
vate debts, which he said violated all
sound construction of the legislative
powers. He made no direct allusion
to the late decision of the supreme
court on that subject He closed as
follows:
"Let me again advise you, in study
ing such questions as these, not to be
deferred from the prosecution of truth
by the outcry OF strict construction. ;
1t will not help you in the least to in
quire what is the proper phrase to APP
ply to the method of Interpretation,
whether it should be called liberal or
strict. Neither is it of any sort of con-
sequence to you how this or that po-
litical party habituallY CONSTITUTES the
constitution. l take it that you do
not attend a law school for the pur-
pose of learning what party you had
better join. The study of the constitu-
ton in which you are engaged will
not be much promoted by consulting
the platforms of parties or the pro-
fessed sentiments ofpolitical men, Go
to other sources. Go to the judicial
interpretations of the constitution,
from the beginning of the government
to the present day, and extracting
from them the sound rule which marks
the boundaries of the federal powers,
from your opinions and beliefs by that
rule, and let others class you as strict
or as liberal constructionists, without
the smallest care on your part about
either phrase. You will find that what
is called liberal construction is some
times right and sometimes wrong.
You will find the same thing to be true
of what is called a strict construction.
The rule laid down by Chief Justice
Marshall and his brethren is broad
enough to give this government all the
scope that it ever ought to claim and
strict enough to prevent it from en-
croaching on the rights of states or of
individuals. So long as it shall be OBJ
served this government can not go
wrong. When it is departed from this
government will wander from its
sphere, and, although it may dazzle
the beholders and excite their admira-
ton and crafty their love OF power,
1t will dislocate the whole political
system that was established by our
fathers and made consistent with
liberty.
"Let me give you one other counsel.
Do not allow yourselves to be dis
turbed by that other cutlery which
seeks to bring reproach or disfavor
upon the doctrine of state rights. The
abnormal assertion of the right of Sc
cession from the union as constitu
tional right of the states, which is now
happily eliminated from their consti-
tutional rights, should never prevent
you from seeing that our political sys-
tenn does embrace and uphold state
rights, which are as unquestionabfe
and positive as are the rights and pow
ers of this government. Consider for
one moment what would have hap
pened if, at the time of the establish
ment of this constitution, all the ele-
ments of political power and govern
ment had been fused into one mass;
had been concentered and concen-
trated into the hands of one central
authority; that the people of the states
had not interposed by the tenth amend
ment and declared that the powers
not delegated to the United States by
the constitution, nor prohibited by it
to the states, are reserved to the states,
respectively, or to the people. Give
the freest scope to your imagiDations,
and imagine if you can whether we
could have carried our civilization
from ocean to ocean if the sovereign
ties of the states had not been thus
preseryed; whether the absorption OF
all the powers of government into one
central authority would not have
ended IN despotism that would at
last have been broken down by its own
feebleness. The truth is that our
mixed system of separate states hold
ing and exercising each for itself and
within itself all the powers of govern
ment which it has not through this
constitution ceded to the United States,
or which the constitution has not eN-
pressly prohibited, has enabled us to
attain to degree of civilization, of
happiness, and renown to which no
other system could have conducted us.
We can preserve this system only by
taking care that each of the two kinds
of government confines itselt to the
sphere marked out for it. T."