The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-21

forced aid paving these works bu or the further
reason that the favored State might thus be enabled TO d
rect trade aud commerce "a the Of the others who
were striving to obtain the things Again, State
might be willing TO cede to the general government the
power to establish bank within its limits and il might
be greatly 10 the advantage of that State because il might
turn the stream OF exchanges and in that dec
tom and yet IL would be very much against the interests
of the other States that such Institution should be
| nbhshed or such privilege given.
For this reason ii is plain that If power in the general
government does not exist without the assent OF the States
1t cannot exist with that assent or in other words It is
not in the power Of single State of less than three
iourhs of the States by their assent to vest powers in
Congress which it would not otherwise have II this be
the case, il is manifest that here only unlimited
powers proposed to be lodged in Congress by this resc
tion hut II is allowed direct towards the execution of
those powers all the of the government whether de
rived from the sales OF its lands from taxation by GUS
toms, or in any other mode Not only this but il ia mani
fest that the general government may execute those pow
ers according TO this construction without the lma-
ton Of the equality of the States and may execute them
| upequay and unjnstly
Sir if this be the case what becomes Of the grand and
cardinal idea of the distribution of powers between the
States and the federal ?-or according this
construction all power vested in the federal govern
mcnt What the use OF the careful enumeration OF pow
ers which granted in the constitution because under
this claim Congress would possess not only those powers
but many more in fact it would have unlimited power
What the of that grand, fundamental idea which
the constitution itself rests of the equality of States and OF
individuals under the action Of the government because
under this construction Congress might act partially and
unequay hat becomes Of that provision in the const
tuition which says that all powers not granted
served for according TO this the authority of Congress is
absolute except so far there certain positive prohi
btons in the constitution.
Sir, Mr. Madison has remarked in reference another
subect-the "generawelfare" doctrinethat it cir.
cumstance to be noticed that in all the various amend
proposed by the States before the ratification of the
constitution and after, every of them proposed to
limit and not to extend the powers of the general
men IT. then there had been proposition to grant such
absolute and unlimited powers to Congress- it to be SUP
posed could have been ratified by the States This
line Of argument was used for the purpose Of
that the power claimed under the generaweare clause
could not exist, and it deemed sufficient 1t the
argument used by Mr. Madison in celebrated report which
was adopted by the democratic party, portion OF its
creed at the last Baltimore Convention Slas Wright in
lS4l, when be made speech this question: said in ref
it, that it had not been proved that such pow
existed it useless to add arguments at that day TO
show that could not exist because 1t had been demon
sraed that such doctrine would upset and overturn the
grand and leading intentions of the constitution itself
If that argument good in relation to that claim il
is much better in regard to this which is claim of still
more unlimited powers than that could have been That
limited by the very fact that it to be executed for
the common defence and general welfare which, by its
terms proposed to respect the great principle Of equal
ity But this allows Congress powers which unlimited
and which have no reference to equality SO that II the
argument were good against that-and believe IL has
been admitted to be by large majority of the people
and there is scarcely any who disputes it nowit is
much better against this which is claim of still more
| unlimited power.
But sir il may be asked what the limitations? The
terms Of the grant to be positive and absolute If il
is denied that it is absolute powerand surely il
be done with reasonwhat the terms Of limitation
Why sir il is limited precisely the appropriatng power
limited You may dispose Of the proceeds of the public
lands for the purpose of carrying out the enumerated pow
e or whatever necessary and proper to carry them out
Give that construction and you make the whole system Of
the constitution Harmonious you bring no two provisions
into conflict Give IL any other construction and YOU de
soy one part at the expense of the other That is the
| limitation.
II also to be observed that the grant under this clause
is twood. Ii not only relates to the disposition of prop
er,y but to the making of rules and regulations
ing it. The disposition of the property must be limited
have mentioned it cannot be limited at all for thes,
the only limitations which the constitution suggest
And 50 the power to make needu rules and regulations
limited by the residue Of the instrument IL must be
srued in reerenceto the other parts Of the instrument
as make it harmonic II possible Under that power
Judge Marshall asserted in Canters case that Congress
had power to prescribe government for the Territories
Mr.. Madison asserted the thing in letter of his
Robert Walsh of Philadelphia Under that the power has
been exercised but few a this day would maintain that
was an unlimited power i is limited by the residue O
the cons,iuton-by the obvious intention secure the
equality Of the States. So, sir, in the disposition Of the
public territory as property it is to be remembered that Il
is the property of all the States You cannot give il 10
any State without consideration, long II has
value and is the property of all the States
This is not the only limitation There is another which
viii suggest itself TO any one upon moments consdera
ton The property of the United States may lie within
the boundary of State 1t may be subject to a double
urisdiconthe jurisdiction Of the State and OF the United
States Now il is fair rule of construction in
that each must exercise its power inter
ere with the equal powers of the ohethat is say the
government Of the United States must exercise its power
IN regard to this property power which given TO II
for its preservation s management and its improvement
not 10 interfere with the equal right Of the State a GER
tain jurisdiction IT, For instance il it be the pocy
Of the State TO exclude Indians and there were no In
dans there the United States force upon their land
an Indian settlement in despite Of the State If IL the
policy of the State TO prohibit primogenture the United
States could not undertake make grants be avoided
in the event that the grantees departed from the rule
Of prmogeniture Whilst the United States would have
power TO give away that which the property Of all
they would manfesty have power TO impose such re
stratn upon the lands which within the boundaries
of State forever to lock them up and prevent their
ing filled up and settled ID evident therefore that In The
exercise fhcse powers when you property situated
within State there limitation upon the powers of The
general government The United States must observe
certain degree Of respect for the equal powers of the State
property. The United States could not In the execution
of their power undertake TO say they would dispose of the
lands TO individuals condition that they should forever
be exempt from debt and thus their right of
tor the purpose of affecting the local legislation of th
State.
4 This government could impose such limitations be
in doing il would be interfering with the jursdc
ton OF the States which, in regard 10 all these matters
is complete and exclusive, except the that th
United States have right to interfere for the preservation
and management of their property property.
say, then SIR that neither branch of this double gran
Of power is unlimited have shown that IL is limited b.
other provisions in the constitution, and think hav
shown that II cannot be unlimited because if it were
would lead TO this that all Of the leading aud manifest in
enons of the trainers of the constitution when they mad
mat an instrument Of limited powers and undertook 4
distribute uuder II powers between the States and the fed
era government would thus he defeated all Of thei
euors would have been vain and nugatery In order q
carry out the!r intention aud design in order TO save
senem OF government self bound suppose tha