, 1844-12-14

poitance Tor The lnVeStlgatiOn OF Ou'
state legislatures. Oar constitutions
mark this boundary.
These are our true land marks, and
by them we should be guided. In
our State the bill of rights shows what
powers have been reserved 10 the
people and the COZ stirntion of the
United States. shows what powers
have been granted 10 that govern
men'; and the remainder Of the pow.
ers belong TO the states. unless pro-
hibired to the states. The state can
exercise all the powers which have
not been withheld from it bv the reo.
pie. and which have not been grant
ed by the states 10 the United States,
nor prohibited to the states; but the
United States can exercise only such
power as have been granted it by the
states. The government of the Uni.
ted States has no existence. and can
exercise no power. except that which
it derives from the states.
The L States can exercise all the
powers expressly granted her in the
constitution of that government. and
can "make all the laws which shall
be necessary and proper for carrying
into execution" the expressly grant
ed powers; nut any further exercise
of power on the part Of the United
States is an ercrnaChmeut on the
powers reserved to the states or to
the people. and a violation Of their
rights. and Of the constitution Of the
United States.
But our constitutions are not Ie-
Gardea bv all as settling the question
in reference 10 the division Of powers.
A vaStnumher Of powers not express
~ granted are claimed for the United
States. on the one hand. and denied
10 that government. on the other
One party would add 10 the powers
expressly granted To the L. States. n
list of constructive powers. undctin-
ed nv the constitution. and unlinited
in extent. setting the legislation of the
United States aflnat withou, chart or
compass. Tie other party would
ronfne the action Of the United
States to the expressly granted pow.
erS. and the power to make all laws
necessary and proper to carry into
execution all the expressly granted
powers. On the one hand. the pow
er t" create 4 bank. TO distribute the
surplus revenue, To assume the pay
ment Of the state debts, to protect
manufactures. to prohibit the impnrta-
ton of foreign merchandise To ahro-
gale all private contracts, and others.
as occasion may require them. are
claimed for the United States. On
the other hand. all these powers are
denied TO the Unetcd States, and the
exercise of any one OF item is resis,
ted as an encroachment upon the
rights of the states or OF the people.
and as a violation of the constitution
Of the United States; and out Of these
collisions Of opinion arise difficulties
which threaten the existence Of the
Union itself.
The danger TO be ~apprrhended
from these collisions makes it a mat
ter Of good policy in the United
States tn refrain from the exercise of
doubtful powers. All those who are
friendly to the preservation of the
Union should abs'nin from the exer.
else of doubtful powers themselves.
and discountenance the exercise of
them by others. 1t is much safer to
legisIate too little than to legislate too
much; and if a power he disputed 1t
is betternot to touch it than to exer-
else it&Everv officer takes an oath
to safa prhe constitution o' the Uni
ted Se0es. If a power be doubtful;
OF ourse it may not belong to the
United States; and if it does not be-
long to the United States, and we ex-
ercise it, then we violate not only
the constitution of the United States,
but our oath to support that constitu-
ton. If we permit the power to re-
main where it belongs. no injury is
done. BY the exercise of disputed
powers we destroy the harmony OF
the people-we create a prejudice a.
the United States, and hazard
the existence o fthr government itself;
but if we let the exercise of the
doubtful powers alone. the people
will move on peaceably, our govern
menrs will run smoothly together,
and the union of the states will he
strengthed and perpetuated. The
United States had. therefore. better
from the exercise Of doubtful
powers.
The exercise Of disputed powers
by the United States, renders our
insignificant, compared