The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-02


Northern States were not taken by sur
prise Nothing was ever more deliberate
more calmly considered. more frankly
pre-announced What was done WAS
not furtiyely done bun IN open day. and
In the exercise OF rights claimed In the
crnyention which made the constitution.
by the States In the ratification of the In
strument and continuously from that day
to the final action. The secession Of
sovereign State was regarded as valid. as
the act by which the same State entered
the Union. Virginia and New York. on
whose acts the fate of the instrument
depended in ratifylng the Constitution.
declared that the powers granted by them
could be resumed WHEN perverted to
their injury or oppression. that every
power not granted remained with them.
and at their WILL thus most carefully
guarding the reserved powers against
impairment and placing them beyond the
possible interference aud control OF The
government Of the United States. These
ratlhcatons being accepted by the other
States with this construction OF the
Constitution. made the construction as
binding morally as IL IL had been In
serted I'm the Constitution itser. Rhode
Island fingered until after the inaugu-
ration Of Washington and gave her ratif-
cation. without objection, with the same
explicit ayowals.
BILLS OF RIGHTS.
Besides the clear assertion on the part
Of ratifying States OF the right 10 re-
assume delegated powers, larger num-
Der were So apprehensiye and distrust-
ful OF Federal encroachment, so jealous
IN the maintenance Of their respective
rights. that they attached bills OF rights
20 their assent, orr proposed amendments
TO restrict the General Government, the
incorporation OF which into the Consu-
tuition was earnestly insisted upon. EV-
cry suggested amendment was restraint
Of power. and to guard the Liberties OF
the people: not one intimation or
desire conferred additional power on the
common Government. Such thlng as
the "omnipotonce Of Parliament" the
absorption OF the functions Of govern
ment by the central head. seems not 10
have had a suggestion. The eleven amend
ments. which were soon adopted. were
ALL along the line Of guarding against
centralized power.
I'm Narbury VS. Madison II. Cranch.
151-l10. Chief Justice Marshall said: The
powers of the Legislature are defined and
limited. and that those limits may not be
mistaken or forgotten, the Constitution
is written TO what purpose are powers
limited. and 10 what purpose is that
limitation committed TO writing, II these
limits may at any time be passed by
by those intended 20 he restrained The
distinction between limited and unlimited
powers is abolished If these limits do
not confne the person on whom they
are imposed "To endow the Federal
Government" says Madison. with what
ever it should Judge instrumental towards
the general welfare would make friyo-
lous an enumeration of powers"
Notwithstanding the limited character
Of the Government early In the admins
tration OF President Lincoln. the Gov
eminent put forth various cXredlcnts for
cocrciug the States into submission TO the
central power. The distinct proposit on.
dciegating the power to the Federal Cow
eminent 10 coerce the states authorizing
an eNertion Of the force OF the whole
ngainst the delinquent states" was lor-
mally submitted 10 the convention aud
rejected. The theory (of President
Buchanan was that while there was no
power 10 coerce State to remain in
The Union 10 was within tho constitutions
al function Of the Government 10 compel
individual inhabitants of any State 10
obey the laws 0f the United States: (and
this coercion could Doe accomplished by
all the force necessary ito remove an OBJ
struction through the exercise Of the
claimed power. Message. I-c., 1861. }
I'm this there We're two gross assumptions
which have not q resting place IN the
history OF the formation of the Govern.
mcnt or in the grants Of the Consiltu-
u0n:
CROSS ASgTrNrrDTroNrr
First. That Congress. or all. or either,
OF the departments Of the Government can
decide ultimately and authoiitati,eiy
upoy the powers OF the Government.
upon the character and extent Of the
grants and limitations OF the Constitution.
This assumption on the uait or the
creature 10 determine and decide uuon
the action OF the creators -(States-in the
formation and endowment Of the Federal
GovernmenU Is a claim OF absolute SOW
nreignty. The ri.hIt 10 prescribe the
Constitution, cOerce submission TO it-thls
supreme authority IN the last resolt-is
sovereignty. dieduced TO its real mean
ing, stripped OF iliusory yerbmge, this
claim OF the Government at Washington
was Identical with the absOlutst pre-
tensions OF the Holy AllianceJ our
Constitution Is not mere temporary
eNpedient. lt exists in full force until
changed by an explicit and authentic act.
as prescribed by tho instrument and In
ils essential features. Is FOR all time, for
IL contains the fundamental principles (ot
an good government, of all rec repre-
sentative Institutions.
Second. That the General Government
Is not only superior 10 the States but
has an existence, an autonomy, outside
/ irrespective OF, contrary 10, the States.
The Union coud not exist a day II all OF
the states We're 10 Withdraw their co.
/ operation. The President. the Senate. and
Representatives, win all their powers
are conditioned upon the action OF the
/ states. The Federal Government, tho
; Union, as n corporate BODY pouuc, dOcs
not claim It's life. nor a single power,
from thhe people apart from state Organi.
cations. In truth, ana IN tact, there Is
not, nor ever has BEEN such a ponuca
/ entity as the people Of the United States
/ in the aggregate, separated from, inde
/ pendent or. the voluntary or coyenantec
action OF the States. mat anything Il
/ constitutions or admissible. simply be
! cause the judiciary or the Executive
or the Congress; or the moral CONVICTIONS
Of citizens approve. or the country vii
be benefited by II. IS n mod ,rn invention
/ ana has no basis In our constitutional
! Federal republic. 10 gut 10 IN tne
least Objectionable torn, the states, II
| their undelegated powers, are as lmpor
| tant as supreme. a the General Govern
mont; and the theory OF State suDjugatior
is pure afterthought 10 justify arDI
| trary and ungranted authority. AZ Is m
disputabie that by far the greater par
/ OF the topics OF legislation, the wnoie