The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-05
Not Quite Right, Governor Hughes:

In the Governors eloquent Fourth OF
July address at jamestown there is one
passage which seems to invite criticism.
1t makes us wonder, indeed, if there has
not been a momentary %swooning OF that
fine intelligence and habit of nice and
careful discrimination which is charac-
t~eristic of Mr.. HUGHEs's treatment Of
most subjects:
We live under q Constitution wisely qua ran
teeing a division of powers between the Federal
and Me State Governments so that each may exer-
else Ms appropriate authority. We have no need
to look with concern upon increasing activities OF
the Federal Government so long as they are per
unent 10 the accomplishment Of Federal objects
ana do not interfere with the exercise OF the powers
OF the States in the conduct of their local ansirs."
On the contrary, there is every heed
10 look with concern upon increasing
Federal activities, even when they are
ostensibly pertinent to the accomplish
ment of Federal objects, and even when
they do not apparently interfere with the
exercise OF the powers of the States in
the conduct OF their local affairs.
Mr.. HUGHES might better have said
$50 long as they are pertinent to the
accomplishment of Federal objects by
tho exercise OF Federal powers expressly
granted by the Constitution"
The Supreme Court Of the United
States, in its opinion in the case of Kan
sas us. Colorado, has recently pointed
out a wide field of legislative activity
not belonging to the States and naturally
concerning the Congress at Washington,
into which, nevertheless, the Federal
Government must not enter, no matter
how great the pressure Of a supposed
general welfare, until the regular process
of constitutional amendment has granted
to Congress the specific power. Fed
eral assumption, without constitutional
amendment, Of powers reserved to the
people is quite as dangerous and must
be watched with the same vigilant ieal-
ousy as any attempted usurpation of
powers reserved 10 "the States:
The powers Affecting the internal Affairs Of the
states not granted to the United States by the Con
~stitution. nor prohibited by It to the States. are
reserved 70 the States respectively; and all powers
of national character which are not delegated 10
the national Government by the Constitution re
reserved 10 the people OF the United States. The
people who adopted the Constitution knew that In
the nature OF things they could not forseee all the
questions which might arise In the future, all the
circumstances which might call for tho exercise OF
further national powers than those granted TO tho
United States. and after making a provision for an
amendment to the Constitution By which any needed
additional powers would he granted, they reserved
to themselves all powers not so delegated
II Governor HUoHEs has overlooked
this distinction, so important for the
preservation Of the institutions the
fathers created, he is too good a lawyer
not to see its force As clearly expounded
in Mr.. Justice BREWERS opinion. If the
distinction had not escaped his attention,
it is a pity he did not make his percep-
ton Of this fundamental principle more
manifest in his otherwise excellent James
town address.