The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1854-05-19

not avoid The belief that it would, in tine end, be
prciudcaI, rather than beneficial to the noble Off
ces Of charity to have the charge Of them trans
! ferred 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 Inhabl OF colon.
les distinct in local government one from the other
before the revolution. By that revolution the colon.
les each became independent State. They achlev-
ed that independence, and secured It's recognition
Ay the agency Of a consulting body, which from
being an assembly OF the ministers Of distinct SOW
eregnes instructed TO agree TO no form OF govern.
ment which did not leave the domestic concerns
OF each State to itself, was appropriately denoml-
mated Congress. When having tried the expe-
riment OF the confederation, they resolved TO
change that for the present federal Union; and
thus to confer on the federal government more am
pie authority, they scrupulously measured such Of
the functions Of their cherished sovere gnty they
chose 10 delegate to the general government.-
With this am and to this end the fathers of the
republic framed the constitution, in and by which
the independent and sovereign States united them.
selves, for certain specified objects and purposes,
and for those only, leaving all powers not therein
set forth conferred another of the
three great departments the legislative, the execu-
tive, and the judicial, Individually with the States.
And when the people OF The several States had, in
their State conventions, and thus alone, given ef-
feet and force to the constitution, not content that
any doubt should in future arise as to the scope and
character ofthls act, they ingralted thereon the
pIcit declaration that" The powers not delegat-
ed TO The United States by The constitution, pro-
hbed by it 10 the States, reserved to the States
respectively, or 70 the people,
Can it be conroverted that the great mass of the
business of government that involved, in the social
relations, the internal arrangements of the body
he nfa al nd If mon he
development OF local resources Of wealth the pun
Ishment of crimes in general; the preservation OF
order the r6ilet of the needy, or otherwise unor
unate members of society, did, in PRACTICE remain
with the States that OF these objects of local
concern are, by the constitution, expressly or i'm
pliedy prohibited to the States, and that none Of
them are, by any express language OF the consti.
tuition, transferred to the United States Can it be
claimed that any Of these functions Of local admin
Istralion and Legislation are vested in the federal
government by any implication have never
found anything in the constitution which is sus-
cePtbie of such construction. No of the
enumerated power touches the subject or has
a remote analogy TO it. The powers conferred
upon the United States have reference to federal
relations or to the means Of accomplishing exc
cutting things of federal relation. So, also, OF the
same character the powers taken away from
tie States by enumeration. In either case, the
powers granted and the powers restricted were so
granted or so restricted only where it requisite
Tor the maintenance oil peace and harmony between
the States, or lor the purpose OF protecting their
common Interests, and defending their common
sovereignty, against aggression from abroad or in
surrection at home.
shall not discuss the question OF power some
times claimed for the general government, under
the clause Of the eighth section Of the constitution
which gives Congress the power s'to lay and COL
tn
debts, and provide for the common defence and
general welfare OF the United States," because if
1t has not already been settled upon sound reason
and authority, ii never will be. / take The received
and just construction of that article, as ic written
TO lay and collect taxes, duties, imposts, and
cIseS, IN order 10 pay the debts, and IN order TO
provide for the common defence and general wei.
fare. 1t is not a substantive general power TO pro-
vide !or the welfare Of the United States, but is a
by taxes. duties, and imposts. If it were other
wise, all the rest of the constitution, consisting
OF carefully enumerated and cautiously guarded
grants OF specific powers, would have been useless,
IT not delusive. 1t would be impossible, in that
view, TO escape from the conclusion that these were
inserted only to misead for the present, and, in.
stead of enig ghtening and defining the pathway of
the future, TO involve lis action in the OF
doubtful construction. Such a conclusion the char.
ment will never permit US 10 form. Indeed, to sup.
pose it susceptible of any other construction would
be to cons gn ali the rights of the States, and Of
the people OF the Sates the mere discretion OF
Congress, and thus 10 clothe the federal govern
ment with authority tG control 'he sovereign States,
by which The States would have been dwarfed into
provinces or departments, and all sovereignty
ted in an absolute consolidated central power,
against which the spirit OF liberty has so often and
IN so many countries, struggled in vain. In my
judgment, you cannot, by tributes to humanity,
make any adequate compe nsaton for the wrong
you would intllct by removing the Of power
and political action from those who are 10 be there.
by affected. If the time shall ever arrive when,
for an object appealing however strongly TO our
symPathies, the dignity of the States shall bow to
the dlctatlon of Congress, by conforming their
legislation thereto, when the power, and majesty,
and honor of those who created shall become SUBJ
ordinate 10 the thing OF their creation, buG feeblv
utter my apPrehensiOns when | express my firm
conviction that we shall see ''the beginning of the
end"
Fortunately, we not left in doubt as 20 the
purpose of the constitution any more than as to its
express language; for, although the history of its
formation, recorded in the Madison Papers,
shows that the federal government, in its present
form emerged from the conflict of opposing inAu.
ences, which have continued 10 divide statesmen
from that day 10 this, yet the rule Of clearly de.
fined powers; and of strict construction presided
over the actual conclusion and subsequent adoption
oft r.