Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-07-02

cannon restrain them OF their liberty, however
necessary il may be for the purpose Of furnishing
them support. You cannot confer upon any one
the least authority over them for their safety or
for any purpose. You can impose no duty or trust
IN their behalf upon State, or upon any individ-
ua IN the State which the State may not repel or
lnterdict You have no jurisdiction over them as
aelass IN any respect whatever, TO legisate for
them, 10 provide in any way for them, 10 control
or protect their personal rights, or their rights of
property, If il should be east upon them
On the other hand, The State has entire, exclu-
sive, unlimited jurisdiction over them. IL pre-
scribes all laws which have any relation TO their
peculiar condition.. IL is its imperative duty 10
provide for their support and when necessary 10
tax the people, in order 10 delrayHihe charges Of
this public burden. Ii can efectually, lawfully
resist the slightest interference of federal power
win the SUBJECT whether IL be for good for evil;
and the federal government, supreme il is in the
exercise OF its proper powers, would find itself
utterly poweress 10 carry into effect its most be-
nevolent intentions without the consent of the
State itself On one side therefore, there is SOW
erelgn power; on the other, not the slightest SEM
blanse Of authority. IL there be any one object
which is exclusively State object, exclusively
within the province OF the State exclusively with
IN IT'S jurisdiction, and subject TO its provisions
and CONTROL il is the condition Of its INDECENT in
sane.
This then, being an object left entirely within
The exclusive province OF the States, there would
seem to be an end 10 any question with regard 10
the power OF Congress over il. But will proceed
and state several propositions which are embodied
IN the Constitution, and connected together in one
harmonious system, strengthening each other,
and showing The extent of the money power of
this government, and the manner and the means
OF lis restriction. That this government has
power 10 tax for an object not committed TO its
jurisdiction; that II has no power 10 appropriate
The public money 10 an object for which il may
not tax that the public moneys, when they have
% N
their new forms subject TO the restraints of the
Constitution; and, finally that the Emitted States
hold all their property in their ederatve character
and that Congress has no greater power over one
species OF public properly than over another, and
no power over any, except for the constitutional
purposes OF the government, are propositions
which are clearly embodied in the Constitution
and combined In one compact system, and may
therefore clearly be established
The distinguished senator from Delaware al
luded to or two precedents where this gov
arnment, he said, had divided the public moneys
among the States. or had given them to objects of
public charity. That honorable senator is not now
IN his seat; but should like TO ask if either he
any other senator, entertnlns the opinion that this
government can divide the contents of the public
| treasury among the States, or bestow them gra-
tultously upon objects Of charity not connected
with this government? Does any one suppose,
will any one in this country maintain the doctrine,
that we may levy taxes or duties TO fill the trea-
sury in order TO divide its contents among the
States for State purposes, for objects Of public
charity? Ii any one maintains any such doctrine,
he goes TO the utmost verge of high federal power
ever advocated or thought of in the worse times
OF the republic. Still, there precedents, il is
said. Yes, sir; you can find precedents for many
things that are unconstitutional. You may find
precedent for entering sovereign State and TAX
ing an alien resident, and sending him out Of the
country, upon executive suspicion. You can find
a precedent for going into the States and seizing
he and of nuh nd
hnding and lmprisoning them, for speaking disre-
specially of the President or of Congress. You
can find a precedent for putting the whole con-
tents OF the treasury into the hands Of corpora
ton 10 manage, instead Of leaving them in the
treasury. You can find precedent for niruding
into State, and without any authority, construct
ing roads and canals there. These are precedents
which can be found: but they 10 overturn the
Constitution, or are they entitled 10 respect!
The honorable senator from Delaware said that
among others, voted for the deposit act of 1886.
did vote for that act. II was then strictly de-
post act, with power in the Secretary of the
| Treasury To call for the money when it was
wanted; and II was then only question between
depositing the money in the State treasures on
the one hand, or in the State banks on the other.
! voted for their deposit in the State treasures ;
| but not for the subsequent law which took away
the power of the executive department to call for
that money, and apply il TO the purposes Of this
government. That in my view, was an uncon-
stitutionsl act of distribution. Will any one, al
| this late day, ma1tain that you can divide the
moneys OF the federal government among the
| States for State purposes | think not. But, sir,
there are some who hold to very broad powers
with regard 10 the public money.
The power 10 lay and collect taxes carries the
money TO the door Of the treasury, and stops there
| il lays and collects the tax, and goes further
| From lis very nature il is auxiliary power
The people do not tax themselves for the sake OF
| being taxed They do not authorize government
he frO heir kets fnr he he
of having il extracted and taken from them That
were quite unnecessary. There is Interior
object, and that is, TO carry into execution the
| powers conferred upon this government. Those
| powers will not execute themselves. They can
not be executed without means, and money is the
the means; and TO furnish il is the sole and only
object OF the revenue power. The proper and
necessary expense Of carrying into execution the
powers Of this government is the utmost limit Of
the revenue power. The State governments and
the federal government are alike limited. Neither
has the right 10 lay tax TO defray the expense Of
executing the powers of the other. Neither has
the power 10 tax for an object not committed TO
its jurisdiction, not within its province not within
| the scope of its powers.
Chief Justice Marshall, in the case of Gibbons
4 Ogden, Wheaton, l99, says:
Congress IL authorized 10 lay and collect taxes &C.
This not interfere with the power Of the States
else Of that power BY the State exercise Of any portion
the that granted 70 the United States In i'm
posing taxes Tor state purposes they not doing what
Congress II empowered TO do Congress not empowered
for those purposes which within the exclusive
province OF the States When, then, each Is
exercising tho power Of taxation, neither exercising the
| power Of the othsr'
! These very clear propositions,
| II has sometimes been supposed that the ex
preston in the revenue clause, ITO pay the debts
and provide for the COMMON defense and general
welfare Of the ppled States, 'enarges the powers
of taxation. So far from il, the expression
strains the power. The Constitution was or
dained and established, as expressly declared IN
| its preamble, in so many words Sin order 10 pro-
mote the general welfare" This Is, therefore,
the avowed object of the Constitution, and the
ayowed object Of every clause contained in il, as
clearly and as fully if il reiterated at the
end OF every sen,eneei and every grant Of power
| is made expressly sin order 10 promote the gen
eral welfare" But how is Il TO be promoted!
Obviously by the execution of the powers granted;
\ and in no other manner, and by no other means.
The general welfare Of the country in It's largest
sense is Of course, the welfare Of the paris taken
| in the aggregate. The general prosperity Of the
United States is the aggregate prosperity Of the
| separate States. The whole, as far as depends
| upon legislation, is committed to the federal and
Siste governments The federal Cover n me nj con.