Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-05-10

States;
Germ are, by the CONSTITUTIONS, expressly orslmpled-
" prohibited to the States and that none OF them
are, by any express language OF the CONSTITUTION
transferred TO the United States! Can 1t be ciani
ed that any of these functions of local administra-
ton and legislation vested Pin the Federal Gov
ernment by any implication? have never iound
ANYTHING in the Constitution which IS susceptible OF
such construction No of the enumerated
mowers touches the subject or has even remote
analogy to it. The powers conferred upon the unit
ed States have reference to Federal relations or 10
the means of accomplishing or executing thinss OF
Federal relation. So, also, OF the same character
are the powers taken away from the States by emu
meration. In either case, the powers granted ana
the powers restricted so granted or SO restrict
ed only where it was requisite for the maintenance
of peace and harmony between the States, or for
the purpose of protecting their common interests,
and defending their common sovereignty, against
aggression from abroad or instruction at home
/ shall not discuss the question of power some
times claimed for the General Government, under
the clause of the eighth section of the Constitution,
which gives Congress the power to lay and collect
taxes duties imposts and excuses to pay debts anu
provide for the common defense and general welfare
of the United States because if it has not already
been settled upon sound reason and authority 1t
never will be. [ take the received and just con-
struction of that article, if written to lay and col
ect taxes duties, imposts and excuses, an Order to
pay the debts and IN orer to provide for the COM
mon defense and general welfare. 1t is not sub
stantve general power to provide for the welfare OF
the United States, but is limitation on the grant CT
power to raise money by taxes, duties, and mposts.
If otherwise all the rest of the Constitution
consisting of carefully enumerated, and cautiously
guarded grants of specific powers would have been
useless if not dcluS;ye. 1t would be Impossible, IN
that view to escape from the conclusion that these
were inserted only to lnislead for the present. and
instead of cn!g hten:ng and defining the pathway OF
the future, to involve its action IN the mazes OF
doubtful construction. Such conclusion the char
acter of the who framed that sacred instrument
will permit to form. Indeed, to suppose it
susceptible of any other construction would be to
consgn all the rights of the States and OF the pco
pie of the States to the mere discretion OF Congress-
and thus to cothe the Federal Government with au-
thorty to control the sovereign States, by which the
States would have been dwarfed into provinces or
departments, and all sovereignty vested in an abso-
lutte consolidated central power, against which the
spirit of liberty has often, and in so many coun-
tries struggled in vain. In my Judgment you cam
not, by tributes to humanity, make any adequate
compensation for the wrong you would intiict by re-
moving the sources of power and political acton
from those who are to be thereby affected. If the
time shall ever arrive when, for object appealing
however strongly to our sympathlcs, the dignity OF
the States shall bow to the dictaton of Congress,
by conforming their legislation thereto, when the
power, and majesty, and honor of those who Great
cd shall become subordinate to the thing Of their
creation, but fcebiy utter my apprehensions when
| express my firm conviction that we shall see the
beginning of the end"
Fortunately we are not left in doubt as to the
pun pose of the Constitution, any more than as to
its express language, for, although the history of
It's formation as recorded m the MaQlSOn papers,
shows that the Federal Government, i'll its present
FORM emerged! from the conflict of opposing infuen-
ceS, which have continued to divide statesmen from
that day to this yet the rule of clearly defined pow
erS, and Of strict construction, presided over the
actual conclusion and subsequent adoption Of the
Constitution.
President Madison, in the Federalist, says:
The powers delegated by the propose Constitution
{ TO the Federal Government few and defined.
Those which to remain in the State govern
'ments, are numerous and definite. It's" Chs Gen
tral Go7ernmcnts) Jurisdiction cxtcEdS to cer.a
enumerated objects only, and leaves to the several
States rcSiduary and inylolablc sovereignty
{ all other objects"
In the spirit President jefferson invokcs s'thc
support of the State governments in all their rights
as the most competent administrations for do
nestle concerns, and the surcst bulwsrk against |
tendencies; and President jackson
said that our true strength and wisdom are not pro-
NOTED by invasons of the rights ana powers of the
several States, but that, on the contrary, they
sst not in binding the States more closely to the
center, but in leaving each unobstructed in its
proper orbit"
The trainers of the Constitution, in refusing to
confer the Federal Government any jurisdiction !
over these purely local objects, in my Judgment, |
wise forecast and broad comprehension ,
of the true interests of these objects themselves. 1t
clear that public charities within the States can
be efficiently administered only by their authority.
The bill before comedies this, for it does not
NIT the funds it provides tn the admin ;sraion of
any other authority.
/ cannot but repeat what have before expressed, !
that if the several States, many of which have al
ready laid the foundation of munificcnt establish
ments of local beneiicence, and nearly all OF which
proceeding TO establish them, shall be led to sup
pose, as they will be, should this bill become law !
for such Objects the fountains of charity will be dried
up at home and the several States instead of bestow
ing their means the social wants of the own
people, may themselves through the strong tempta-
ton, which appeals to States to indiv ua!s become
humble supplicants for the bounty ofthe Federal Gov
ernment reversing their true relation to this Unior
Having stated my viewssoe the Limitation of the
powers conferred by the eighth section of the first
article of the Constitution, deem it proper to call
attention to the third section of the fourth article
md to the provisions of the sixth article, bearing
directly upon the question under consideration;
which, instead of aiding the claim to power excrcis-
ID in this case, tend, it is believed strongly illus
rate ana explain positions which, without such
support, cannot regard as questionable.
The third section of the fourth article of the Con-
tit ltion, is in the following terms I" The Congress
shall have power to dispose of, and make all needful
ules and regulations respecting the territory 9TH
n property belonging to the United States; and
nothing in this Constitution shall be SO construed as
prejudice any claim of the United States, of any
particular State" The sixth article, is follows,
o-wit: that "Al debts contracted and engagements
inferred into before the adoption of this Constitution,
hall be valid against the United States under this
Constitution as under the Confeder atom"
For a correct understanding of the terms used, in
he third section of the fourth article, above quoted,
efercncc should be had to the history of the times
n which the Constitution was formed and adopted.
was decided upon in convention on the 18th Sep