The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-12

beis and have sufficient power to make and maintain
their laws, which alone authorizes political ofganiza
top there IS any positive agreement BY which every man
lassens 70 The laws which made but thai, neees
sary result OF the organization, the theory is, that the
lpower resting IN The people al large, the political axiom
mus, he assumedtha the will ofthe majority is the evi-
dence OF the consent OF the whole. II is assumed 81 sup
pose, upon this basis that every is presumed, what
ever his own individual opinions may be- 10 assent that
The determination of the majority shall be held TO be the
will OF the whole political community, organized
This Implied consent is the foundation, at all events, OF
republican governments trace it 10 what principle you
may, and is, believe what is usually called the social
compact, upon which all our different State govern
ments resi- II rs IN part, also, the foundation OF the
federal government but It's application there Is modhed
The federal government is formed by the express COM
pact OF separate nations existing separate States al
the lime when they formed III and the constitution oi ihe
United States is the evidence OF the terms upon which
that government, was established II delegates specially
the powers 10 which that is enttled, lar
hibs the exercise OF any power Whch rs not necessary
to carry the delegated powers into execution The fed
eal government, then, Mr. President is not pure de-
mucracy it is mixed republic In its operation ma
iional because acts directly upon the individual citizen.
and not through the political organization of the State OF
which be is member; but in the sIem OF lis powers
is federal. Its powers limited by written nstIu-
ment-the constitution OF the United S,aesand the Ian
guage OF that constitution that all legislative powers
herein granted shall be vested in Congress OF the Uni
ted States = not the general powers OF Legislation.
With this view of the federal constitution, let US look
TO The principles by which, the objects 10 which, IT
the intention OF those VINO framed the national gov
4
could not, by any possibility, give better classification
than is given by Mr Madison in the forty second num-
Der OF the FedeIalis, There he divides them into six
classes Fns the powers giving security against foreign
danger; second The powers relating the regulation of
intercourse with foreign nations; third The powers OF the
government which were necessary for the maintenance
OF harmony and proper intercourse among the States
fourth, certain miscellaneous objects OF general utility
fh the restraining OF the Staies 10 certain injurious
acs and sixth. the provisions for giving efficacy 10 all
Now Mr. President, the objec, of this bill 10 provide
for the establishment OF municipal Institutions in the
several States Of this Union, by means Of donation
through The government OF money arising from the sales
OF the public lands or, II you please, donation OF the
lands themselves; do no, which Is that object
within the intent OF the federal constitution Does ii
come within any OF the classes OF powers which have
mentioned Sir, the word "consitution,'' consiitu
tiona may be used in two senses An act may be un
constitutional violating The spirit aud intent OF tho
federal constitution, though may not be such viola
ton OF ts letter would enable the judiciary 10 avoid
The aci, or pronounce II merely void Take an iusiIa-
llon Oh lhe TWO cases IN wbch tne aet woua os eauai
Unconstitutional though II mis- ht be thaiit would no, fall
within ihe remedy OF judcia restraint The one, and yet
would in the other The President is auhoLized under
the constitution 10 convene the two houses OF Congress
on extraordinary occasions. Suppose the President
LOST 10 OF duty TO issue proclamation requir-
ing Congress 10 be convened grounded extraordinary
cifcumsances-you cannot question his authority 10 do
that He is not Obliged 10 specify the particular facts
which constitute the extraordinary occasion on which
his proclamation is founded The discretion Is vested IN
hm generally. Suppose. when you met under such
proclamation il found that he extraordinary
SION" of the Presldcn merely 10 pass private bill
for the relis oil some private claimant: would any man
doubt that IL would be gross violation OF the federal
conslnuhOnl II would not be such the judiciary
could reach, admit; il would not avoid the legality
constuonallyi IN lha sense the session OF Congress
would be well convened because the matter left in the
discretion OF the President The act would he legal and
bndng the people of the country aud the laws passed
al such session would be valid; but the abuse OF power
on The part OF the President la calling that eNtrsordi
nary occasion which referred merely 10 the reef o an
individual claimant, without interest to The nation al
large would certainly be gross violation OF the federal
Let US take another instance in which it would clearly
be within The power oil restraints The Constitution gives
10 the President OF the Ualed States the power, when
Congress dsagfee TO their time o adjournment, 10 ad
lourn them any day he pesses. suppose one house
Of Congress passed resolution Tor the adjournment on
particular day, aud - aken up IN me other house
motion made and carried 10 alter that day and fx
subsequent one there u disagreement beyond all
question One house has amended and agreed TO the
proposition Of the other 10 the day oi adjournment
but the disagreement Is not disagreement within the
meaning OF the constitution which would authorize The
President 10 adjourn boh houses OF Congress and II be
mptcd DO under such circumstances his act would
be merely void The disagreement contemplated by the
constitution being hnal disagreement, in which each
house sdhees 10 lis day. and refuses 10 adopt any other
In that event alone the Executive has authority TO act
The act Of the President in adounng Congress before
a final disagreement would be merely void, and would
be simply abuse OF DISCRETION, but he exercise OF
an authority not within the terms OF s grant; bot m
either there would be violation Of the consiu-
4 ton.
hold, then, that in deliDeratiye body, (hough in
court oi Justice would not be so)-is Cougress-the
urds CONSTITUTIONAL and unconstitutional" have quite
much application 70 The abuse Of power delegated in
general terms, TO The assumption Of uDganted powers
though the effect would be, when YOU pass the law m
the one case the judiciary have power TO revise your
aelons bot II sou pass defiance Oi the objects OF the
constitution. though you may have the absolute power to
do So beyond the judicial restraint yet you violating
that consinuuon which sou have project II il
ia his sense thai The word "unoonsuonsr is always
used ia Great Britain. They have what they call their
constitution; and may be permitted 10 say, that think
they adhere their constitution and constitutional prn-
cpies rather more rsdly than the Congress OF The Un
tel States does 10 ours. They have cohsituti tion,
wthia N. uneeang OF the used By us, which
ses The power OF Parliament, for Parliament is really
omngo,eni; bal you hear the language constantly used
where the organic laws at the foundation o the form of
eovefnmen there will be violated by the principle Of
hi which is introduced In such it is denounced
as 40 unconstitutional exercise OF power II il 10 that
sense that mean 10 say that the proposed bill "a
sliiutons, and shall be compelled to vote against il
can hnd, 10 the classification OF powers given by Mr.
Madison, no authority 70 Congress 70 establish poor.
houses N the States; authority 70 Congress TO esiab
llsb houses for nsane persons the States any
more than Tor those who se not insane II seems TO me
that YOU adopt this measure you will be opening
the door 70 ihe exercise he part Of Congress- OF spe
ces Of interference indirectly With those subjects which
are exclusively be matters Of Stale legislation,
according 10 the provisions of the federal constitution.
That VIII be an abuse OF your power
think some senator, perhaps The senator IRON Bssis
sippl Mr. BRowN,l uded, reference TO the pub
c lands, that You had the absolute power Of their dIspo
sal and therefore II would not be Unconstitutional 70 sp
popriaie them 10 this object hold II 10 be not You
have the absolute power Of raising monev you have the
absolute power Of the appropriation Of money II is in
your discretion, you choose 10 Appropriate out oil The
feasury twenty thousand dollars for any object but the