, 1840-12-05
WHOLE NUMBER 372.

the people OF the respective states.
One Of the greatest dangers apprehended
from the formation of our national govern
ment, by the ardent friends of liberty, was
its tendency to encroach by almost imper-
ceptible degrees, upon the reserved rights OF
the States, and thus endanger that freedom
which it was designed TO strengthen and pro-
tect. That such must be the tendency of
the general government, unless confined with
in its strict constitutional limits, does not
seem to me to admit of a doubt. Happily
the government, with but few exceptions, has
been administered by men who have labored
to confne its action to the powers delegated.
and whose political, maxim was, that "whene-
yer a question arises concerning the constr
nationality of political power, the first ques-
ton is, whether the power be expressed in
the Constitution. II it is, the question is
decided. lift is not expressed, the mex in
qulry must be, whether it is properly an in
cident to an express power, and necessary to
its execution. If it be, it may be exercised
by congress. fit be not, congress cannot
exercise it." With this great political truth
for our guide, the general government will
be kept in its legitimate sphere, and the rights
oil the State remain lnviOlate.
To define the powers of the general gov
eminent with that precision and accuracy,
so desirable in a matter Of such vast impor-
lance, is not without its difficulties and en-
barrassments; the lights however which have
been shed upon the constitution by some en-
llgh.ened minds who conducted our govern
ment Though the perils of its birth, will serve
to remove many of those difficulties which
would otherwise embarraSs its progress
That no great public inconvenience might
follow from the want of power in the gene
raj government to adopt measures OF manifest
public utility, which were not anticipated, or
from precaution withheld in the formation Of
the constitution, the wise and patriotic franr
ers of that cherished instrument, provided
the remedy for such Inconvenience by an
amendment OF the constitution IN a prescri-
bed manner. If the requisite number OF
States could not be procured to sanction a
proposed amendment of the constitution, for
this purpose, it would only prove, that the
powers asked for was not deemed Of general
utility.
The moment we pass The prescribed limits
of the constitution, and enter the unknown
region of constructive powers, that we
cross the boundary designed by our Fathers
Il Il Udl tl"ctu liOClt1 AIT
power. If ever the reserved rights OF the
States are lost in the overshadowlng influence
of the general government, this fatal change,
for the liberties of the people, will have been
brought about by gradual Entertainments in
the shape of constructive powers. Better
is it, then, for US to suffer even great incon-
venience from the want of power in the ma
tional government, in a particular instance,
than for i seeming present TO incur the dam
ger of a subversion Of the very foundation
of our liberties.
BY abstaining from the exercise of all
doubtful powers. misunderstanding all lati-
tudinarian constructions of the constitution,
and, in short, confining the action OF the
general government strictly within its con-
stitutional limits, we leave u~ninlpared the
rights OF the States, present an insurmounta-
Bile barrier TO all encroachments on the liber-
ties of the people. and preserve, in its origin
al purity, our republican form OF govern
ment. 1t is from a knowledge o these facts,
that we witness an unceasing effort, on the
part Of those who are inlmical TO those demo-
%cratical principles which are founded upon
equal rights and equal laws, and which re-
cognize no separate interests requiring the
superior aid and protection oil the laws, 10 en-
large the powers of the general government
by Il latitudinarian construction of the con-
stitution, thereby producing partial legis-
l%ation; the recognition of separate interests,
and with them the pervcrsion OF the consti-
tuition from those plain republican principles
upon which it is based.
Ii is also our duty TO keep a vigilant eve
upon the action of the general government
within its acknowledged powers, to see that
the last direction which is necessarily vest
ed therein, is not abused or perverted from
f its legitimate end. The people have a right
to demand Of their agents strict economy il
public expenditures: and all public officers
should be held to strict accountability in this,
as well as in the discharge of their various
other duties. With governments as with
individuals, a proper economy in expendi.
lures is necessary to MAINTAIN independence
of character, and provide resources to meet
/, emergencies Extravaganza in public expen'
: ditures leads to public debts, the unhappy eff
. fects Of which are seen in the absence o ftha,
a. high-toned spirit Of independence, which q
e republican government, of all others, should