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Show -Ill*- the events transpiring between the acquisition of the territory and the admission of the States, the new States are States of the Union to as great a degree as end with all the powers of the original thirteen. With but few changes the Constitution of the beginning is still the Constitution of the Nation applying with equal force upon all the States and ell the peoplee Irrespective of many changes which have taken place in our nation- al and international history and in our modes of living and thought^ the Constitution adopted by the original thirteen independent states is still the Constitution of all the United States, and irrespective of what the am- bitions of those in control of various governmental departments may be and irrespective of ideas and theories of how the modern idealist may conceive things might have been or should be, the fact remains that the Constitution still defines the limits of the powers of the Nation aid the remaining at- tributes of sovereignty are still reserved by the States substantially as in the beginning, for, "the powers not delegated to the United States by the Cons-titution.nor prohibited by it to the States, are reserved to the States respectively, or to the people"» (lOth Amendment; 199 u» s* h31 $ hkS; 221 u. s, 559, 567-580)0 In the language of Justice Brewer: "The Constitution is a written instrument. As such its meaning does not alter * That which it meant when adopted, it means now. Be- ing a grant of powers to a government, its language is general; and, as changes cdme in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in ¦fcerms conferred. In other words, while the powers granted do not change, they apply from generation to generation to all things to vrhich they are in their nature applicable. This in no manner abridges the f*act of its changeless nature and meaning. Those things which are within its grants of poi*/er as those grants were understood when made are still within them; and those things not within them remain still excluded." (S. Car, vso Us- S. 199, U. S. h37* IiL.8.) Prior to the adoption of the constitution the thirteen original States were independent of each other and of the world. Each of the States had all the powers of a separate nation, including the powers of treaty and of war with neighboring States or with foreign nations. While each of the States surrendered to the United States those powers enumerated in the Con- stitution or passing by necessary implication, as to the powers not surrendered each of the States remained as before the Union. Upon this general subject of power and separate sovereignty the Supreme Court has said: "It must be recollected that previous to the formation of the new Constitution we were divided into independent States, united for some purpose, but in most respects sovereign"« (Chief Justice Marshall in Sturgea vs. Crowninshield, U Wheat., L22, 192.) "Reference has been nade to the political situation of these States anterior to its (Constitution) formation. It has been said that they were sovereign, were completely independent, and were connected with each other only by a league. This is true." (Chief Justice Ilarshall in Gibbons vs. Ogden, 9 Wheat., 1, 187«) |
