Piney Woods planter., 1839-12-21

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possessed the constitutional porer 10 70 so ?
! 3. A'!mifting the reyeci Of the noitaati-
satics; id,rs TO be toM constitutional and
erpedient, can IL he done?
One or more Of these questions pro-
Pose to discuss, as ! may find opportunity.
am aware, that, to many, tie discussion
os or first question may seem work Of
sIpererogation. There are nauy, who
pf less to thiuk that Congress has power
TO pass =" laws, which, in its discretion. it
mi thin, to be conducive to "Me general
.rcsfGTe." Many others find in the gene
fa government, 50 far as power is concer-
ned, perfect parallel tothe state govern
ments. Hence, il is cbyious, that telore
we can come to clear and correct deci-
sicn Of eur first question, (which we now
propose TO discuss,) We mast form clear
and correct views of the constitutional
power of Congress.
A v'.st anot:nt Of useless labor has been
expended in examining our colonial hislo-
ry to decide the relative powers Of the ge-
neral and state governments As well
might we 60 to the British Constitution.
or TO the biography Of Queen Elizabeth,
or Of Oliver Cromwell, TO decide Ire same
question.
The colonies. (no mrtter what mnv
have been their previous relations and
powers) became, hv the evcr-mamoraLe
Declaration of l776, Stree and indepead-
ens STATES"
10 what extent they re!irqpished their
character b. the Constitution ofI7S7 r;sf
be decided BY an examination OF the en-
nieat Itself. II is manfes;lv absurd 10
suppose that il can be decided in rnv 9th
or way. What then does The consti,u-
iion say about the powers therein deiaga-
TED to the general government?
Art. 10, Of the amendment to the Car-
s'Itaiion reads thus: 's'fhc powers noi de-
legatfd d to the United States bv the C e.
Stltu,ion. nor BY it prahihited % the
Ssa;0a, are reserved to the STATES re-
ap~~t'~ss--, So -" raaria3 y
/ i.ere, then. we learn from the document
Itself, in words than which none cun!d &c
palmer, or more explicit, that the gencr-
nj government, 50 far from possessing dis
cretionarv, and, therefore, UNLIMITED
powers, possess absolutely no Do~cr Gt an,
ercept rhnt is expressly granted. Conse-
quen lv, the field Of It's legis 'ation is stri.;-
" limited to the subjects and objcct emu
merntcd in the Constitution. liz this res
spect. then, the character of the general
government il ex,ctly opposite TO that
Of the state governments. Ro:h ere lin
tied, it is true, but in oppnste directions.
The general government can pass NJ law
except what lis Constitution expressly nj.
lows. The state governments can pass
all laws. except what their canstitutinas
forbid. Congress must look -
the Constitution for What il NAV 4 49,
Whereas, stale Legislature has on'y -
look to lis Constitution Tor what it MAY
NOT do.
The same distinction exists between the
States and the federal government. vhcs
both are tried by the federal Constitution.
The several States have all the powers
hat are not in the Constitution. The ge-
neral government has no power eycert
what is expressly delegated in .hat in-
sirument
Hence The palpabe fallacy Of the rea-
'oning which we sometimes hear from the
ips Of those who ought to know better
namely, that q certain power, whnn oxeT-
Used by Congress, is not unconstitutional.
inlcss the constitution prohibits ID; ard
hat the same power, when exercised by
. state. is unconstitutional, unless the
Constitution grants it. | have heard this
cesonng iroll the lips, and read i from
hc pens q. some Of tho first minds in A.
a.rica. And, yet, its faIIacy is SO gross,
nat an ordinary schonl-hoy should be able
o detect it.
T'ha truth is simply this, that the Con-
tltution sse3 not solitary power to the
states; out, on the contrary, TO the gcnc-
oil government it gives all the power
1hich that government possesses. The
tates have all the powers that are not
1eciied IN the Constitution, rs delegated
. the general government; and the Uni
I'd States, no powers, except. such AZ are
Decifed.
II the foregoing principles are not ,or-
ect. the States have no constitutional
Ow ers whatever. For, it is most mani-
,st, that in the Constitution, the States
elegated powers to the general govern
tent; but received NONE. The States,
,erefare, have absolutely NO CONS II
'UTlONAL POWERS whatever, if they
ave none except what the Constitution
ives them.
View this. matter in another light, 50 as
, perceive its true character moro dis
nctly The powers Of The States were
! anterior 10 the Constitution, aad inde-
sndent il. The powers of the United