The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1920-07-29
Rome, but he finds no sympathy and
no authority. to support him.

| Gov Clements theory of the vital
ity and effect of the United States
constitution has been most effectu-
ally tried out and found to be most
destructive and dangerous. The great
civil Wal which cost so much blood
and treasure settled that question
forever; and not 1t single jullst OF
lawyer can successfully DEFEND the
! arg ument of the Governor which Is
| In effect that the constitution OF the
! United States is not the supreme law
OF the land, but subject to the whlms
| and fleeing sentiment of the States
as to its method OF amendment.
Let Us resort to the great toren-
sic effort OF Daniel Webster in his
reply to Senator Robert Y. Hayne
in the Unltcu States Senate in 1929.
The text OF Nh. Haynes argument
| is as follows:
NH. Hayne here rose, and said,
that for the purpose of being clearly
understood, he would state, that his
proposition was in the words of the
! Virginia resolution as follows:
That this assembly doth explic-
lily and peremptoiily declare, that it
views the powers OF the federal gov
eminent, as resulting from the COM
pact, to which The state are narties,
as limited by the plain sense and in
tentlon OF the instrument constitut-
ing that comnact, as no farther valid
than they are authorized by the
grants enumerated in that compact
and that n oF dnEhnua+o II
pable and dangerous exercise of
other powers, not granted by the
sand compact, the states who are par
ties thereto, have the right, and are
In duty bound to interpose, for ar
resting the "rogress of the evil, and
for maintaining, within their respec-
tive limits, the authorities, rights, and
liberty appertaining to them.
The reply of Mr.. Webster is the
most effective that could be made to
the legal argument of Gov Clement.
This leads US to inquire into the
origin of this government, and the
source of its power. Whose agent is
1t? Is it the creature of the state
legislatures, or the creature of the
people If the government of the
United States be the agent of the
state governments, than they may
control it, provided they can agree in
the manner of controlling it; if it
be the agent of the people, then the
people alone can control it, restrain
it, modify, or reform it. 1t is observ-
able enough, that the doctrines for
which the honorable gentlemen con-
tends, leads him to the necessity of
maintaining, not only that this gen
eral government is the creature of
the states, but that it is the creature
of each of the states severally; so
that each may assert the power, for
itself, of determining whether it acts
within the limits of its authority. 1t
is the servant of four and twenty
masters, of different wills and differ
ent purposes, and yet bound to obey
all. This absurdity Gor it seems no
less) arises from misconception as
to the origin of this government and
its true character. 1t is, sir, the peo-
pies constitution the peoples govern
ment; made for the people; made by
the people; and answerable to the
people. The people of the United
States have declared that this consti-
tuition shall be the supreme law"
Gov. Clements opinion as express
sed in his recent message indicates
plainly that he is in favor of a
strict construction of the United
States Constitution and that, not
withstanding a settlement of the mat
er for so years by judicial decision
and a call to arms, he still believes in
the defeated quiescent and decayed
doctrine of state rights.
In this connection, we call atten-
ton to "the Second Epoch in Ameri-
can History" published by Woodrow
Wilson, PIP. AZ to 62, in which the ar
guments of the different political
schools are set forth and wherein
Robert Y. Hayne of South Carolina
made an elaborate contention for
notification with the historic reply
of Webster which has become clas-
sic. Contemporaneously the Presi- |
dent, Andrew Jackson, called vigor
Gus halt on Senator John G.. Cal !
titution. Until about this time, the
founders of the republic held different |
views, but Daniel Webster and John
Marshall and a distinguished galaxy
of contemporaries held fast the sup
remacy and dignity of our Constitu
ton. The confirmation of the opinion
of these great men was written in
blood by the supreme struggle of the
Civil War.
So, today the breath of freedom
and security permeates our institu
tons. The spirit of America is found |
in series of most remarkable docu-
ments beginning with the Mayfower |
compact and ending with the Gettys
burg address of President Lincoln.
That the Constitution of the Unit
ed States in the supreme law of the |
land, state statutes and constitutions
to the contrary Notwithstanding we |
need no further evidence. If it were .
otherwise our union would crumble
like lump of clay. If tie strange
doctrines of His Excellency should |
prevail, the union would be forever
destroyed, and we would have the
pitable spectacle of forty-eight sep
arate governments instead of the
Greatest Republic in the world.
If His Excellency would base his
refusal to call an extraordinary ses-
sion upon grounds of political exped-
iency, his true purpose would be