The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-26

would be esta blfshed over them the
supreme control Of an suniimited CEN
might suffer oppression similar to that
which had incited them to revolution.
The wisdom Of forming the more per-
feet union was doubted by many of the
statesmen of that day who had aided
In achieving independence. Notable
George Mason, Richard Henry Lee, and
Patrick Henry. 1t was Henry who was
the first to rouse the colonies against
British oppression by his immoral
spirit of the revolution In sublime
sentiment expressed I'm the burning
words destined never to become COM
monplace or tame. It IL recorded that
these patriots whose ulustrious names
have called, although chosen as dele =.
gates, declined to participate In the
Constitutional Convention because they
doubted the wisdom of the movement
ana feared that the formation Of the
Union would initiate at least against
the rights OF the states ann the hher-
ty Of the citizens OF the States.
And the anxiety with which the neo-
pie OF the States sought to safeguard
their rights and protect themselves
against a strong centralized govern
ment Is further evinced by the unwili-
ingness Of the States to ratify the Con-
stitution because 1t did not contain q
bill of rights. 1t was agreed and un-
derstood that as soon as the Constitu>
ton became effestive q bill OF rights
in the nature and I'm the form of the
first ten amendments to the Constttu,
ton should be submitted for ratificaS
ton. This was done. and they wers
ratified. These ten amendments were
called the bill of rights. The first eight
were no more than an enumeration Of
popular rights that existed under tho
inherited common law of England and
nFAaArUAA Aarh state and the OnlV
purpose of their adoption was to impose
restraint upon the government of the
United States against the violation Of
these. And because certain rights were
thought necessary to avoid the rule 81
construction that where power or au-
thority Is specifically conferred In the
instrument 1t was not to be construed
to grant other power or authority by
implication; therefore the ninth amend
ment to the Constitution became q
canon of construction for the guidance
of the courts and statesmen. namely,
that the enumeration in the Constitu-
ton of certain rights should not be
construed to deny or disparags others
retained by the people.
From the very nature of the Con-
stitution the powers not granted away
by the States were reserved to the
States. But the people and the States
necessarily and ex industrial, the
Tenth Amendment was adopted declar-
ing that the powers not delegated to
and not prohibited by It to the States
are reserved to the States respectively
The Ninth and Tenth Amendments,
1t was said by the Supreme Court Of
the United states. were adopted with
precedence" and under fear that the
NATIONAL Government might, under the
pressure of supposed general well
fare, attempt 10 exercise powers which
had not been granted
Additional evidence of the jealousy
of the people of the sovereignty of the
States In all cases except where pow
Government, essential to the existence
and operation, was the adoption of the
Eleventh Amendment to prevent the
judicial power OF the United States be-
Ing used In any suit against any State
by citizens Of another State or by any
foreigner.
From all this It will be seen that
| Gladstone's familiar tribute to the Con-
stitution was inaccurate. in that the
| Constitution was not the result of any
one stroke or the fruit of a limited
| time.
The fundamental principles and the
were not creation. They We're the
result and expression, when incorpor-
| ated into the Constitution, of growth
originating with Anglo-saxon civilt-
| zation. More than a quarter of CEN
fury before the Constitution was writ
I ten the general plan was in flower,
when Montesquieu wrote his Spirit of
Laws. setting forth the beauty of a
| government divided into the three CO.
| ordinate departments, legislative, ex-
| ecutive, and judicial. The principles
of such scheme and most OF the
CHARACTERISTIC features of such gov
ernment without the limitations upon
| the Federal Government were in OPP
| GRAFTON In several OF the american
was framed, The trainers gathered the
| fruit of ages, and In their capacity as
| Delegates, from the States presented
to the States the organic law of the
cept by the approval OF the States.
The novel feature, If 1t was novel, of
the Federal plan was the recognition
Of the division of the powers of gov
ment and the more numerous State gov
ernments The complex relation be-
tween the Federal Government and
the states, respectively, has always
of this relation spring all the perplex-
Ing questions involved in the Ameri-
can experiment, and around this rela-
ton the final battle in behalf of the
freedom of the people will be fought.
Our immediate topic Is the attacks,
bold and insidious, that have for their
aim the strengthening of the Fed
eral Government at the expense of the
powers reserved to the states, which
attacks, If allowed to go unchallenged
and unchecked, would finally destroy
the separate state governments and
duality that the fathers sought to as
sure for themselves and for us.
Out Of division OF opinion on the
question OF the right of the states to
withdraw from the Union that they
voluntarily formed arose the bloodiest
and costuest war of all the centuries,
Happily now for united country that
question Is forever settled. The right
of State to withdraw from the Union
was determined adversely to the
made finally and forever at Appomat-
tox. Surely, no one does now or will
ever desire to have that question re-
argued. either in the forum or upon
lncarnadine fields. At the first oppor-
crate soldiers of Alabama, in 1875,
wrote 1t into the organic law of our
beloved Commonwealth that the right
of secession no longer exists, doc
trine that we need not now discuss,
however once It was so ably advocated
In forum and so brilliantly defended
upon the field 1t Is not referred to
| here, except in the spirit of the COM
mandment defining mans highest duty
in his relation to mankind:
Honor thy father and thy mother
that thy days may be long in the land
| which the Lord thy God giveth thee. "
| 1t was in Massachusetts, that the
| doctrine of secession was first pro-
knows that Alabama would mo- more
/ follow the ancient teaching OF Massa-
| chusetts than Massachusetts, would
/ herself.
And those of us here who are the
sons OF Confederate soldiers need not,
| tial plea" that they believed they were
/ right from 1850 to 1866. In language