The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-04


IRENE restitution focngess may and ought to provide
for any Of these objects II may and ought to provide
for them ALL And lift be done in this case what answer
shall be given when Congress shall be called upon as il
doubtless viii be- pursue similar course Of legislation
in the others II WILL obviously be vain to reply that the
object is worthy but that the application has taken
wrong direction.
The power will have been deliberativey assumed the
general obligation WILL by this act have been aeknow-
edged, and the question OF means and expedency will
alone be left for consideration The decision upon the
principle in any case determines for the whole class
The question presented therefore clearly upon the
suonality propriety of federal cover nment as
sumng into novel and field Of legislation
namely that of providing for the care and support of all
those among the people of the United States who by any
form of calamity become fit objects of public philanthropy
readily and, trust eelingly acknowledge the duty
incumbent all, and citizens, and as among
the highest and hottest Of duties provide for those
who the mysterious order Of Providence subject
want and to disease of body mind but cannot find
any authority in the constitution for making the federal
government the great almoner Of public charity through
the United States To do so would in my Judgment
be contrary the letter and spirit of the constitution and
subversve of the whole theory upon which the union Of
! III
template the exercise of this power for any object what
ever cannot avoid the belief that il woad in the end, be
preudcial rather than beneficial the noble Offices of
charity to have the charge of them transferred from tho
States the federal government Are not prone
to forget that the federal Union the of the States
they of the federal Union We were the inhabitants of
colonies distinct in local government from the other
before the revolution BY that revolution the colo
mic inda liant Stafc achi eve1
that Independence, and secured its recognition by the
bly, of the ministers of distinct sove'egntes instructed
agree to form of government which did leave the
domestic of each State to sef appropriately
denominated Congress When having tried the expert
ment of the confederation they resolved change that
the present federal Union and thus confer fede
raj government ample authority they scrupulously
measured such of the functions OF their cherished
reignty they chose delegate the general govern
ment With this aim and TO this end the fathers of the
republic framed the constitution and by which the in
dependent and sovereign States united themselves for
tain specified objects and purposes and for those only
leaving all powers therein forth conferred
another of the three great departments, the legislative
the executive and the judicial Individually with the States
And when the people of the several States had in their
the constitution that any doubt should
re arise TO the scope and character of this act they
ingrafed thereon the explicit declaration that
The powers delegated the United States by the
constitution prohibited by it to the States reserved
to the States respectively or to the people"
Can 1t be conrovertcd that the great Of the bust
ness of that involved in the social relations
the internal arrangements Of the body potc the mental
and moral culture Of men the development Of local
sources OF wealth the punishment Of crimes in general
the of order the relief of the needy other
wise unfortunate members of society did in practice
main with the States that Of these objects Of local
concern are, by the constitution expressly implicitly
prohibited to the States and that of them are
express language of the constitution transferred the
United States Can il be claimed that any Of these func
tons Of local administration and legislation are vested in
the federal government by any implication have
found anything in the constitution which susceptible Of
such construction. No Of the enumerated powers
touches the subject or has analogy to II
The powers conferred upon the United States have refer
cnce to federal relations the of accomplishing
executing things of federal relation So also Of tho
character the powers taken away from the States
by enumeration In either case the powers granted and
the powers restricted granted restricted only
where was requisite for the maintenance of peace
harmony between the States for the purpose of protect
ing their common interests and defending their common
sovereignty against aggression from abroad or nsurrec
| ton at home
shall not discuss the question Of power sometimes
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 pay debts and provide for common defence
and general welfare Of the United States because il has
not already been settled upon sound and authority
II never win be take the received and just construction
OF that article as II written TO lay and collect taxes duties
imposs and excuses order pay the debts and in order
to provide for the defence and general welfare II
is not substantive general power to provide for the well
fare Of the United States but is limitation on the grant
Of power to raise money by taxes duties and impos If
il otherwise all the of the constitution consisting
OF carefully enumerated and cautiously guarded grants Of
specific powers would have been useless II not delusye
II would be impossible in that view escape from the
conclusion that these inserted only to mead for the
present and instead Of enghtening defining the path
way of the future involve its action in the nazes Of
doubtful construction Such conclusion the character Of
the who framed that sacred instrument win never per
init to form Indeed TO suppose II susceptible Of any
other construction would be to consgn all the rights Of the
States and Of the people Of the States to the mere dis
erection Of Congress- and thus cothe the federal gov
eminent with authority to control the sovereign States
by which the States would have been dwarfed into
fucea pv l.t psa nd