The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-05-17

edge the duty incumbent on US all as men
and citizens, and as among The highest
and hottest Of our duties, to provide for
those who, in the mysterious order OF Prov.
idence. are subject to want and to disease
Of body or mind, but cannot find any
authority in the Constitution Tor making
the Federal Government the great almoner
of public charity throughout the United
States. To do so would, in my judgment,
be contrary TO the letter and spirit OF the
Constitution, and subversive Of ihe whole
theory upon which the Union OF these
States is founded And if it were admis-
sible TO contemplate the exercise OF this
power. for any object whatever, cannot
avoid the belief that it. would, in the end.
be prejudicsl rather than beneficial TO the
noble Offices of charity, TO have the charge
Of them tran sIerred from the States TO the
Federal Government. Are we not too
prone TO forget that the Federal Union is
the creature OF the States, not they of the
| Federal Union! We were the inhabii nts
Of Colonies distinct in local government
one from the other. before the Revolution
l BY that Revolution the Colonies each be.
came an independent State. They achiev.
ed that Independence, and secured its re-.
cognilion 10y the agency Of q consulting
body. which, from being an assembly oi
The ministers Of distinct sovereignties. in.
s,ructed TO agree TO no foim OF government,
/ which did not leave The domestic concerns
of each State TO itself. was appropriately
,lenoninated Congress. When. having
tried the experiment of the confederation.
they resolved TO change that for the pres.
ent Federal Union, and thus TO confer on
the Federal Government more ample au.
ihority. they scrupulously measured such
OF the functions of their cherished SOY er.
eighty as they chose to delegate to the
General Government. With this aim
and 10 this end. the fathers of the Republic
framed the Constitution, in and by which
the independent and sovereign States uni
ted Themselves, for certain specified objects
aud purposes, aud for those only. leaviog
Iall powers not therein sci forth as confer,
red on one or another of the three grea,
departments. the legislative. the executive.
md the judicial individually with the
/, States And when the people of the sew
eral States had in their State conventions.
iand thus alone, given effect and iorce 10
1.-The Constitution. not content lhat any
|fdoubt should, in future. arise as to the
scope and character of this act, they en-.
grated thereon the explicit declaration
, lthat: at.
1.-The powers not delegated to the United
States by the constitution. nor prohibited
: by it 10 the States. are preserved TO the
States respectively. or to the people. !"
1 80 A. a.. A
: mass Of The business of Government lha
{ involved, in the social relations. the in
I / t|ternat- engagements of the boa,,-,elitis
. the mental and moral culture OF men. ihe
development Of local resources OF wealth
the punishment of crimes in general. the
preservation of order. the relief OF. In.
: NEEDY or otherwise unfortunate member.
Of society, did in practice remain witt
= the States; that none Of these objects o
= E local coacern, are by the constitution ex
u pressly or implicitly prohibllea 10 ths
: States. and that none of them are by any
!. express language OF the constitution. trans
= erfed TO the Uniied Siates2 Can ii be
. claime-l that any Of these functions o
5 local administration aud legislation ar,
J. vested in the Federal Government by AM
: implication? Ia Eea.....T~ ..s<,..ss
e have. never found any thing in thu
|. Constitution which is susceptible of sucl
= a consiruction.. No one Of the -enumer
: ated powers touches the subject, or ha,
!. even a remote analogy TO il. The pow
e ers conferred upon The United States hav,
81 reference to federal relations. or to III,
means Of accomplishing or executiil,
IS things of federal relation. So also oi III,
}. same character are the powers lake,
IS away from the States by enumeration. a
q either case the powers granted. and Nh
d dEpowers restricted, were so granted or .,
j. restricted. only where il was requisite 70
e the maintenance of peace aud harmon,
- between the States. or for the purpose O
IS protecting their common interests sant
u defending their common sovereignty a
II gamst aggression from abroad, or, ,insur
If rec,ion at home. {55, s,..z
= shall not discuss the question of powe
" Hsometimes claimed Tor the General Gov
y ternment, under the clause Of the eighi
: section Of the Constitution, which give
e Congress the power, ITO lay and oollec
l. taxes, duties, imposts and excuses, 10 pa,
!. debts and provide for the common deisns
r aud generalswelfa Of the United States.
i, because, it IT has NOT already been Sc,
l. lied upon sound reason and authority,
y never will be. ! take. the, received an,
y Just construction OF that article. as if writ
r len. TO lay and collect taxes, duties. i'm
l. posts and excises. in order 10 pay th
r, debts, and in order to provide for tn
,, common defense and general welfare
Al II is not a substantive general power L
l. provide for the welfare of the. Unite,
y States, but is u Limitation on the grant q
o power 10 raise money by taxes, dutie
II and imposts. If it were Otherwise. a
!. The rest of the Constitution. consisting o
II carefully enumerated and cautiously guar
'e dedgran,s Of specific powers, would hav
l. been useless. il not delusiye. |, woul
is be impossible, in that view. to escap
n from, the conclusion tina, these, we're in
/ serted only to mislead Tor the present. an
y instead OF enlightening and defining til
y pathway of the future. to involve its &C
e ton in the mazes OF doubtiul construction
ii Such conclusion. the character of tn
j., men who framed thai sacred instrumen,
HALL r.. I,,l