Democratic banner. (Bowling Green, Pike County, Mo.) 1845-1852, 1851-06-11
From the Journal of Commerce. April 25.
STRICT CONSTRUCTION.

| OIhICI CONSIRUCTlON.
In presenting some general views on thil
principle of construction as applicable Il
the constitution ofthe United States, it wa.
mentioned that some of the dangers result.
ling from the opposite rule would be point.
ed out. The people are so much more fa.
miliar with the working of State legislation
that they do not readily comprehend the
vast difference which exists between the
general and local constitutions. The diff
ference results from the organic structure
LOT the two instruments. The grants of pow
erin chs. State constitutions are general
I'LL legislative power is in terms conferred.
Under such q constitution, the legislation
embraces every subject nearly, and there
is no necessity to see whether the power is
particularly granted; We" examine only to
see whether it is in terms tcilhkeld. The
few powers withheld are so generallyknown
that the local constitution is scarcely look
ed to at to learn what powers may be
exercised. Such is the habit, and it almost
ldisqualiies those who have long pursued
lit, from understanding that system the
very reverse must govern the legislation at
Washington. ..
We were thirteen States when the ma
tional constitution was formed. Its forma-
tiOn was voluntary-not compulsory. We
rious and conflicting local interests existed
among the States. They were of the gra.
vest character, and their preservation, per-
feet and complete, 20 the individual States
was 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 snnihilated. The representatives Of
these States in the convention were, in Of
der to preserve these interests, driven to a
careful and precise specification Of the
powers which Congress might exercise, ,snd
to declare in terms that the powers not
granted were reserved to the State respec-
lively, or to the people. Under such a con.
slitution the legislative habit must be oppo-
site to that which applies to the State con-
|stitutions. The power 10 be exercised must
be found within particular specifications, ,ur
in some clause, or be "necessary and prop
er" for carrying 1t into effect. II powers
not granted are assumed, the general gov
|ernmsnt diminishes those which the States
reserved, and confnunds aud disturbs the
harmony Of the system.
From the formation of the government
there have been those who were interested
in extending its powers beyond the bounds
OF this specified authority, and others e.
qually interested in confning the govern.
ment within the limits origin ally set for it.
Parties have arrangedthe into shape
and organization on these opposing princi-
pies; and so deep are the interests at stake,
that upon this issue they will ever wholly
or in part be formed. The South, which
hitherto has been divided on this question,
exhibited such unanimity in the last Con-
gress in favor of the principle District con.
structi0n, (that which secures the right re-
tanned by the States that politicians of the
North, from desire of affinity with them,
will the more readily yield up their views
on this que ,tion. The course of Georgia,
without distinction Of party, indicates a
systematic and thorough determination to
oppose the assumption by Congress of i'm
proper powers. A like course on The part
of other southern States will secure their
domestic institutions from legislative vio-
lence on the part of Congress. Their on.
ly safety lies in careful and habituaI pre-
servation Of the original restrictions upon
the power Of Congress, and careful andl
habitual preservation to the States ofthe re.
served powers. ~
The most noted instances of departure
from il which the history of the general
government presents were the establish.
ment of q Bank of the United States mo-
nay corporation-mainly under the power
to lay and collect taxes-the primary OBJ
jsct of the bank being to discount bills and
issue money, and its secondary object only
to collect and disburse the revenue; the
passage of a general sns0loent law, under q
power to establish "a uniform system Of I
bankruptcy" the creation ofa system ofin.
Eernal improvements within Stale lines and
Of local character, under the power "to
establish post Offices and post roads," the
establishment ofa system Of protection, un-
Ter the authority to raise revenue, and
IN plan which diminished revenue as pro-
sction increased and the Improvement Of
ocsl hsrbors end rivers, under the right to
'egulate commerce. The enumeratioh
n;rht H. axfondad. b,,f = ,.;noia casa ;ltnsl II