The native American., 1840-09-26


FslIali Fave power to eStG5hsh a uniform
lyute u Standardization and uniform lars
on the satject Of bankruptcies through
ont tie United States. Would you in
fer from that that the constitution Of the
United States would require any altera-
Ition 10 enable Congress To repeal the ex-
isting naturalization laws? My opinion
| will not trouble you with, but must beg
You to give your own views. This re-
quest has been suggested 10 me by re-
marks have trcqucEtly heard, which in
my opinion were founded OH quite an ab-
Isurd and erroneous view of the subject
A day or two since II gentleman, calling
himself a lawyer, asserted that "if the
naturalization laws were to be repealed,
The first step would lie to alter or amend
the constitution" p.
We answer with pleasure the query
lpropounded by our much esteemed cor
respondent "P," and assure him that he
was perfectly right in thinking the opn-
ion Of the '!self-caled lawyer" and that of
the "others whose remarks he had fire.
quently heard quite s:absurd and errone-
Gus" This subject has been fully treated
and placed in its true light in the columns
of Our paper both by our predecessor and
ourseif We will so far comply with our
correspondents request as TO recapitulate
the leading principles by which this ques-
|tion is settled.
Among the many divisions underwhich
the powers of Congress, as conferred by
1.-THE constitution, are classed, one of the
Imostimportant is thedivlsion into nanda-
tory and directory. While this is one of
most important, it is at the same time one
Of the plainest distinctions and the most
easily made.
When given power is specially vest
ed in Congress by the constitution, or by
q fair implication can be reasonably in
lerrCd from that instrument, the exercise
of which power is essential to the dis
charge Of any Of the functions of govern
nent, or to the welfare of the nation,
such power is to be regarded as mandaio-
~. Congress is bouEd to exercise that
power, and the neglect so to do, would
be a violation, though not Of the letter,
yet Of the spirit and intent of the consti-
tuition. The omission by Congress to do
what they were bound TO do, would be
equally unconstitutional, with the COM.
nsission Of an act, for which they had no
authority. Failing to exercise such a.
power would be a gross dereliction of le-
gislative duty. To this class belong tine.
powers to establish post routes and gen
eral post office department-to lay and
collect taxes, duties and imposts, and to-
provide for the sale of the public lands.
The failure to exercise these poWers;
would be the failure to accomplish the:
purposes for which the federal govern
ment was established. These powers,
and the like, may therefore be termed
mandatory, that is, they are powers
which it is obligatory upon Congress to
exercise, and the failure SO to do is a vio-
lntion Of the intent of the constitution.
But does it mot strongly argue stupi-
|dity on the part of him who asserts that
the unconstitutionality would lie in the
repeal of a law enacted under any one.
even Of these powers? When Congress.
have levied and providedlo for the collection
of certain impost duty, may they not.
repeal such enactment and establish an
other? When they establish one post
route, may they not abolish it and establish
another? The violation Of the intent of
the Constitution would be, not in the re-
peal of the existing laws, but in the fail
ure to establish another that should ac-
complish the purpose intended The alb
surdity into which we would be forced by
the position assumed by our Correspon--
dents Lawyer" and3 those who think,
or rather talk, with him, would be to
make our laws, like those of the Modes
and Persians, irrevoca5le.
But there is another and Il large class
Of powers, the exercise Of which is not
obligatory upon Congress, but it is left to
their discretion whether they sha! be put
in force or lie dormant These powers,
we have termed directory, since it was
one Of the principal objects of the Con-
stituton to point out, or direct, what pow
ers We're deliberate to the Federal Gov
eminent and what were reserved to the
States respectively, TO this class Of pow
ers most assuredly belongs the one to es-
tablsh an uniform rule Of naturalization.
For reason Familiarity known TO every
one, this power was not reserved to the
States, but delegated exclusively to Con
gress. 1t stands upon precisely the same
footing with the power to enact uniform
laws concerning bankruptcy. This lat
ter power has been sufferedto liedormant
from the adoption Of the Federal Consi-
tuition to the present time. Was that I'M
constitutional? Laughter would be the
reply to the assertion that it was.