Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New YorkWarburton, A. F. (Adolphus Frederick)
History
Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York
Warburton, A. F. (Adolphus Frederick)
Piracy -- United States; Privateering -- United States; United States -- History -- Civil War, 1861-1865
"The enumeration in the Constitution of certain rights, shall not
be construed to deny or disparage others retained by the people.
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."
I refer to the case of McCulloch _vs._ The State of Maryland, 4
Wheaton, p. 400, in which the opinion was delivered by Chief Justice
Marshall. He says:
"No political dreamer was ever wild enough to think of breaking
down the lines which separate the States, and of compounding the
American people into one common mass."
I cite particularly from pp. 402 and 410. On page 410 his language
is as follows:
"In America, the powers of sovereignty are divided between the
Government of the Union and those of the States. _They are each
sovereign with respect to the objects committed to it, and neither
sovereign with respect to the objects committed to the other._ We
cannot comprehend that train of reasoning which would maintain that
the extent of power granted by the people is to be ascertained, not
by the nature and terms of the grant, but by its date. Some State
constitutions were formed before, some since, that of the United
States. We cannot believe that their relation to each other is in
any degree dependent upon this circumstance. Their respective
powers must, we think, be precisely the same as if they had been
formed at the same time."
The next I refer to is the case of _Rhode Island_ agst. _Massachusetts_,
12 Peters, 889, where Judge Baldwin says:
"Before we can proceed in this cause, we must, therefore, inquire
whether we can hear and determine the matters in controversy
between the parties, who are two States of this Union, _sovereign
within their respective boundaries, save that portion of power
which they have granted to the Federal Government, and foreign to
each other for all but federal purposes_."
I now refer to the case of _Livingston_ vs. _Van Ingen_, 9 Johnson,
574, where Chancellor Kent reasons thus:
"When the people create a single entire Government, they grant at
once all the rights of sovereignty. The powers granted are
indefinite and incapable of enumeration. Every thing is granted
that is not expressly reserved in the constitutional charter, or
necessarily retained as inherent in the people. _But when a Federal
Government is erected with only a portion of the sovereign power,
the rule of construction is directly the reverse, and every power
is reserved to the members that is not, either in express terms or
by necessary implication, taken away from them and rested
exclusively in the Federal Head._"
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account