The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-27
From the Journal Of Commerce. April 10.
strtcs Construction.

From shs Journal Of Commerce. April 40.
strict Consar uctHoa.
In some general views on this principle OF
az applicable to the constitution OF the Unit
led States it mentioned that some OF the dangers
resulting from The opposite rule would be pointed out
The seope are so much more familiar with the work
ngs of State legislation that they DO not readily com
prehend the difference which exists between me
general and local constitutions The difference results
from the organic structure OF the two instruments Inc
grants of power in the State constitutions are genera
All legislative power in terms conferred Under such
constitution, the legislation embraces every subject
nearly and there is no necessity to see whether lhe
power is particularly granted we examine only 70 zee
whether is in terms oithhed The few persons with
held are so generally known that the local constitution is
scarcely looked to al all TO learn what powers may be
exercised Such is the habit; and 1t almost disguahes
those who have long pursued il from understanding that
system the very must govern The legislation at
w ashlngion.
We were thirteen States when the national constitution
was formed. It's formation was voluntary--noi compu
sorry. Various and conflicting local interests existed
among the States They OF the gIavest character
and their preservation, perfect and complete, the nd
vidual States essential. BY granting all legislative
power TO the national government these interests would
have been swept away and State lines and State powers
would have been annihlated. The representatives OF
these States in the convention order to preserve
these interests, driven careful and precise specifca,
ton OF the powers which Congress might exercise. and
declare in terms that the powers not granted were re-
such constitution the legislative habit must be opposite
to that which applies to the State constitutions The
power to be exercised must be found within particular
specifications in clause, or be necessary and
proper for carrying il into effect II powers not granted
assumed, the general government dimn'shes those
which the States reserved and confounds and disturbs
From the formation Of the there have been
those who were interested in extending its powers
beyond the bonads Of this specified authority, and others
tassy ct op t. Bas: ssve
selves into shape and organization on these opposing
principles and deep the interests at stake that up
he
The South which hitherto has been divided on this ques
on exhibited such uRanmy in the last Congress in favor
of the principle OF strict construction ha which secures
North. from desire Of affinity with them. will the more
readily yield up their views this question. The course
OF Georgia, without distinction OF party, indicates sys
on bv consess Of %poper powes Ike on
the part OF other southern States will secure their do
mesc institutions from legislative violence on the part OF
Congress Their only safety lies in careful and habit
ual preservation OF the original restrictions upon the
power OF Congress- and careful and habtua preserva-
lion 10 the States OF the reserved powers.
the history OF the general government presents the
establishment OF Bank of the United Sates-a money
orporaon-mainy under the power to lay and collect
axes-he primary object OF the bank being to discount
bills and money, aud its secondary object only TO
collect and dsbuse the revenues the passage OF general
nsotvens law, under power TO establish - uniform sys,
tenn OF Bankruptcy; The creation OF system OF internal
improvements within State lines and Of local character,
under the power +" TO establish post offices and post
roads !" the establishment OF system Of protection, I'M
der the authority TO raise revenue, and plan which
diminished revenue protection increased and the i'm
provement Of local harbors and rivers, under the right to
regulate commerce The enumeration might be ex-
tended but single case illustrates principle and the
extension unnecessary may be remark ed of all these
powers that the constitution might be looked to in vain
by stranger j, 10 find which Of the eighteen speci.
these powers asked from the trainers of the const
uon and refused by decisive votethe power to estab
lsh corporation. for instance. But yet through the
81 skn al
corporation established almost the equal OF the
government in influence, and its superior except when at
tackled by popular idol, Of remarkable frmaess OF un
equaed energy OF desperate courage, who waged battle
with strength unknown to former political conflicts
The trainers of the constitution, when they gave Congress
power to lay and collect taxes, and to regulate COM
merce" could not have supposed that they confer
ring appurenant to them. power which they refused
TO create ndependentiy-o Incorporate Nor could they
have supposed when they limited the powers OF Con-
over money to its coqge and the regulation OF the
value thereof that Congress would have conferred on
any corporation right to issue different kind OF money
which affected The very standard they were bound 10
provide The departure from The plain object and inten
Of the trainers OF the colhituon in this instance
established principle OF construction which, II persisted
IN and applied to other powers, would have confounded
all distinction between the eyetems and made the
theory OF governing through a written constitution 100
ridiculous for adoption ny other natons, and shown its
unhtness TO carry US forward to sale and high con-
dition,
Two features OF an important character were thus es-
tabshed:
l. That the power to lay and collect taxes might be-
exercised by corporation, and that public officers, sub
ject TO removal, impeachment and punishment, might be
dispensed with
2, That in order TO carry into effect specific power
institution might be established exercise other and
different and higher authority, under the preence that
was means TO end-such other and different and
higher authority not having been conferred upon Con-
gress.
II the general government may undertake the business
OF banker part Of the authority to lay and collect
taxes, may undertake the business OF carrying passen
gers part OF the authority to carry the mail II
may create corporation for banking purposes, may
tablsh steamboat and stage corporation carry passen
gers II il may dispense with psbc servants and Off
collecting and d,sbursing the revenue, why may
II not also in the conduct OF foreign negotiations
The application Of the rule to other subjects might work
q change in the form OF government entirely-rom one
conducted By official persons into managed wholly
by corporations.
The present, arrangements for collecting and dsbursng
The revenue entirely in harmony with the constu
ton they attended with assumption OF doubtful
powers they interfere with the private pursuits OF
they alarm section by attempted stretch OF auhori
" they simple and eHeciual they show the wis
iom OF the great and good who framed the constu
lion OF the United States and OF the Congress which
ablished a measure 80 much in harmony with it,
From the Iowa State Gazette.