The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1844-07-24
EXTRACT FROM
GOV. POLK'S INAUGURAL.

ASAASh SAhNSAss
The constitutional dipision Of pover bet,reea the
Federal and State Governments.
Under our happy system of government, the
ultimate and supreme authority rests in the peo-
pie. The powers of government delegated by
The PosFio -. ti.oi ttioiit uhconaries are by
our constitution, divided between the Federal
and State authorities The State governments
are not, as has been enormously supposed by
some, subordinate 10 the Federal Government
"They are coordinate departments Of one SIM
pie and integral whole.n The States have par
ted with certain enumerated and specified pow
ers, and by the Constitution Of the United States
these are delegated to the Federal Government,
and can only be rightfully exercised by that gov
efnment "Ihe powers not delegated TO the
United States by the Constitution, nor prohibited
by it to the States, are reserved to the States res
pectively, or the people" BY the partition Of
powers thus distinctly defined, it is manifest that
each government possesses powers which are
withheld from the other. And so long as each
acts within its legitimate and proper sphere the
system works harmonously, ana affords TO the
citizen greater amount OF security, for life, lib
erty and property, and in the pursuit Of happiness,
than is TO be found under any other government
which has ever existed. When either overleaps
the true boundary prescribed for lis action, and
usurps the exercise of powers properly belonging
to the other, the harmony of the system is distur-
bed, and agitatng collisions arise which are cal
culated to weaken the bands of union. Whilst
therefore, the States should be jealous Of every
encroachment of the Federal Government on
their rights, they should be careful to confne
themselves, in their own action, TO the exercise
of powers clearly reserved to them.
The sound rule for the construction of the Fed
erGt Constitution,
In ascertaining the true line of separation be.
tween the powers of the General Government
and of the States, much difficulty has often been
experienced in the operations of our system
The powers delegated to the General Govern.
ment are either express or implied. The gen.
eral rule of construction laid down by the Gen.
eral Assembly of Virginia, in 1898, may be re-
garded as a sound one, by which to determine
whether a power has been delegated to that
government, or is reserved to the States. That
rule Isl
"WheneVer question arises touching the con
stitutonality of particular power the first ques
tion is, whether the power be oppressed in the
Constitution. If it be, the question is decided
If it be not expressed, the next question must be
whether it is properly an incident to an express
sed power and necessary to its execution. If il
be, it may be exercised by Congress. fit be
not, Congress cannot exercise it, If the power
be not oppressed, ii is not enough that it may be
conrenIent or erpedient to exercise it, for such
construction of the Constitution of the United
States would refer its exercise to the unlimited
and unrestrained discretion Of Congrcss-to de-
termine what would be convenient or expedent
thereby the exercise of important powers, by the
General Government, to depend upon the vary
ing discretion of successive Congresses. 1t mus
be a Unnecessary and proper power. 1t must be
all incident to az cypress power, 'necesSdry ana
proper" TO carry that express power into effect
and without which it could not be exercised
and would be nugatory.
Mr.. Jefferson, whose sound eXpositons of the
relative powers of the Federal and State Govern
ments but few of my constituents will be prepar
ed at this day to question, near the close ofG
long and eventful life Of public usefulness, de
clared, 'to be most false and unfounded the doc
trine, tha the compact, in authorizing its fedora
branch TO lay and collect taxes, duties, imposts
and excses, to pay the debts, and provide for thc
common defence and general welfare Of the Uni
ted States, has given them thereby power to dC
whatever they think or pretend would promote
the general welfare, which construction woulc
make that, of itself, complete government, with
out Limitation of powers-but that the plain senst
and obvious meaning were, that they might lev.
the taxes necessary to provide for the genera
welfare, by the various acts Of power therein spe
CITED and delegated to them, and by no others.
In all cases of well founded constitutions
doubt, it is safest and Wisest for all functionarie
Of government, both State and Federal 10 abstain
from the exercise of the doubtful power. In al
such cases, it is both safest and wisest TO appea
TO the people, the only true source of power, il
the constitutional forms, by an amendment of tn
fundamental law, TO remove such doubt, eithe
by an enlargement or restriction Of The doubt
full power in question.
A National Bank unconstitutional.
The Federal Government has, at differcr
times, assumed, or attempted to exercise power
which, in mg2ludgment, have not been confere
upon that government by The compact. Anon
these, am free to declare my solemn conyictio
that the Federal Government possesses no COZ
sttutional power to incorporate National Banl
The advocates of bank insist that it would
convenient g. expedient, and thatit would promot
the general welfare; but they have, in my JUDI
ment, failed to show that the power to create it
either expressly granted, or that it is incident
any express power, that is Unnecessary" to carr
that power into effect. The alarming DANCE
Of the power ofsuch corporation (vast and ire
ponsibIe as experience has shown it TO be) to ii
public liberty, it does not fall within the scoT
X oR my present purpose fully 10 examine. "
have seen the power of associated wealth in ii
late Bank Of the United States, wrestling, with
giants strength with the Government itself-an
finally oyerihrown, it was not until after lon
and doubtful contest During the struggle,
manifested power for mischief which it wou
be dangerous to permit to exist ina free countr
The panic and alarm, the distress and extensiN