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
"This rule has not only been acknowledged by the most intelligent
friends to the Constitution, but is plainly declared by the
instrument itself. This principle might be illustrated by other
instances of grants of power to Congress, with a prohibition to the
States from exercising the like powers; but it becomes unnecessary
to enlarge upon so plain a proposition, as it is removed beyond all
doubt by the 10th article of the amendments to the Constitution.
That article declares that '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.' The
ratification of the Constitution by the Convention of this State
was made with the explanation and understanding that 'every power,
jurisdiction and right which was not clearly delegated to the
General Government remained to the people of the several States, or
to their respective State governments.' There was a similar
provision in the articles of Confederation, and the principle
results from the very nature of the Federal Government, which
consists only of a defined portion of the undefined mass of
sovereignty vested in the several members of the Union. There may
be inconveniences, but generally there will be no serious
difficulty, and there cannot well be any interruption of the public
peace in the concurrent exercise of those powers. _The powers of
the two Governments are each supreme within their respective
constitutional spheres. They may each operate with full effect upon
different subjects, or they may, as in the case of taxation,
operate upon different parts of the same subject._"
I now refer to the Massachusetts Bill of Rights of 1780, art. 4. It
reads:
"The people of this Commonwealth have the sole and exclusive right
of governing themselves as a free, sovereign and independent State;
and do, and forever hereafter shall, exercise and enjoy every
power, jurisdiction and right, which is not, or may not hereafter
be, by them expressly delegated to the United States of America, in
Congress assembled."
I also refer to the New Hampshire Bill of Rights, of September, 1792:
"ART. 7. The people of this State have the sole and exclusive right
of governing themselves as a free, sovereign and independent State;
and do, and forever hereafter shall, exercise and enjoy every
power, jurisdiction and right pertaining thereto, which is not, or
may not hereafter be by them expressly delegated to the United
States of America, in Congress assembled."
I next beg leave to refer your honors to No. 32 of the Federalist, by
Hamilton, who says:
Public-domain text, read in full here on John Shaqi.
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