Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26

exercise OF legislation 70 Congress would have been
work Of supererogation. M Calhoun vsI l. D. s69
have grouped these reasons together because ,bonoh
there are considerations which applicable to them
common there Is general feature which thew al obyiousv
present, and which Is well worthy Of passing notice.
II s impossible, sir, contemplate these various propos
TONS and the arguments and illustrations indeed with which
The whole discussion abound without being amazed Il the
facility with which the very first principles Of constitu-
on are overlooked and the tendency they exhibit attribute
powers to the Government. because Government and not
they are granted by tho people, and thus prepare
the way for the dangers Of consolidation II seems to be en-
ey forgotten, or dsegaded, that the Government of the
United States exists by virtue of written compact where
and where alone, its powers be sought and found and
mat these not only strictly defined but carefully
limited BY that emphatic declaration which, in resung to
ne oalss respectively or to the people, all poos not dele
sase6 % 1ne United Mates says all the funconares Of
mus government thus far may you GO but no farther
MANY o. the doctrines have heard here only to be-
y the assumption that Congress is general de-
servo, holding all that il giyen and all that can be taken
That possesses certain defined powers and beyond these
some general underlined right action as soveeeos Of the
county, q all the authority which, ageesby
ment representative ofits nationality - agent and trus
tee Of the States all which to be brought into exercise
when circumstances may seemto require it, Now sir there
can be no greater political heesy than this There Il No
era grant Of the right Of legislation in the constitution lie
provisions on that subject cautious as they are wise
and clear. All Legislative power HEREIN eRArrrpn saws
our charter shall be vested in Congress-" DC. and them
after some necessary provisions concerning its composition
and proceedings, the authority act in these words
Congress shall have power lay and collect taxes &c.
followed by the other objects Of national legislation and con-
Guiding with the right make all tcs Which shall be neceaay
and proper &c to carry into effect the enumerated po,ccys
Here there is no recognition Of sovereignty in Congress- nor
there were, is there any grant Of power attached to that
condition All this s an interpolation and not that
1t one of the pregnant signs Of the times evincng prone
ness to seek out of the constitution the powers of
which ought be sought only within it, and the more dam
gerous when exhibited by high in high places it would
unfcao TO Co. cx~c.s.
still wider range.
Who gave Congress the attributes of soveregny or
and legislative rights resulting therefom not to be found
expressly or BY necessary implication, in the constitution
In the people of the United States resides the sovereignty Of
this country and department of their can
claim that high preogave any functions arising
out Of not to be found in that great Of the people which
brought them into political existence The elementary wri
ter Grotius and Puendor and vatte and if not their
predecessors, their in this branch Of knowledge
to have been explored and exhausted and all the curl
Gus learning about "sovereigns and "soveregnes in
their entirety g and divided" the empire or right of
command" " the eminent domain" "whole or half supe-
Iiorty" ultimate dominion, and much Of the same
SORT has been pressed into service in this controversy in
volving only question Of domestic power As to our re-
atlons with the other nations Of the EARTH sovereign
and entitled to exercise all the rights which, by the usage of
the world belong to that position The writers upon inter-
national law are good authorities what these
rights are but very bad authorities ascertain how and how
far they to be exercised by any particular department Of
our Government You may 60 these elementary WRITER'S
or to the decisions OF the COURTS you please determine
the various rights which condition of sovereignty brings
with it. but you go the constitution to determine
whether the people have given to any department of their
Government the necessary power to exercise Them There
we shall find the manner in which relations with foreign
countries regulated and the vested in the Execu
tive and in both of the branches of Congress to carry
into effect the constitutional provision These they possess
and no others. The falacy Of all this is obvious Certain
rights by the consent of mankind belong every ndepen
dent nation In the Of the Old World all of
which, till after the lesson Of l776, themselves the
sovereign as most Of them yet these rights attributes
might all and at all times be exercised But between their
possession, and the them there in this coun-
try wide difference The attribute may exist; but if the
constitution does provide the means for its exercise no
authority but that Of the people call 1t into action. If
there had been no constitutional provision FOR the declaration
OF for the making of treaties for the punishment of
offences against the law Of nations who would have exercs
ed these several attributes of sovereignty and who could
sign two Of them to Congress- and the third to the President
and Senate
No denies the right of the people of this country TO
acquire territory; and has been settled that may be ac-
CURED by the reaymakng power, under the constitution.
But its disposition after such acquisition, is the object Of
present inquiry, and all the writer's and writings in the world
except the constitution ITSELF and arguments to be deduced
from it. utterly vaueess in the decision Of this question
It belongs to domestic poity The right to acquire is
one thing, the right to govern another The exercise of the
provided for the exercise Of the other is not and it
therefore belongs the States respectively the peo
ple All this may be very nconvenen; but though the
argument from Inconvenience may be sometimes lawfully
in calling power into existence except it fur
nishes motive Of action for the proper creative authority
In that noble State paper issued by the Legislature Of
Virginia. and known the Resolutions of 1893, there
principles laid down, applicable to the constitution of the
United States which should be lost sight Of when the
powers of the Government called in question There is
whole political history CLEARER able expo
sion Of constitutional upon points Of the highest bearing
than is contained in that memorable declaration
1t is commentary worthy of the constitution, and has set
tied authoritativey the practical application of of its
gravest principles In nothing is this exposition ADLER
clearer than in the presents upon the very topics
are now considering 1t Declares that If the powers grant
ed be Valid it is because they granted and If the granted
powers Valid all other powers, not granted must not DO
valid - and that whenever question concerning the
constuonaly Of particular power the 6is question is
whether the power be expressed in the constitution If it
be- the question decided If il be expressed the next
inquiry must be, whether is properly incident to
press power, and necessary to its exercise"
The provision of the constitution which declares that all
debts and engagements entered into before the adoption the
constitution shall be valid against the United Sates under
this constitution, under the confederation has been relied
upon granting establishing the power exercise
pee political jurisdiction the Territories.
The argument is thus urged:
''Ths ordinance then Tthe ordinance of 1887
pact engagement contract between the people of the
United States their collective capacity and the people who
should inhabt this territory"
[1fr. Murphy, roL 1, p $50.
A compact is a constitutional engagement This ord-
nance therefore, rendered Valid far regards the Ter
ora Government of 1887 and this express acknowledg
ment of this compact by Congress after the adoption of the
constitution, well the recognition Of II by the
stitution made binding ratified it. and cured it Of any
constuonaly under the confederation which il might pre-
viousy have been obnoxious 10. "--(Same. 66O.l