The true Democrat., 1854-05-30


 however worthy may be the present object in itself, it is only one of class It is not exclu- slvely worthy of benevolent regard. What ever considerations dictate sympathy for this particular object, apply, in like manner, if not in the same degree to idiotcy, to physical dis ease, to extreme destitution If Congress may and ought to provide for any one of these ob- jects, it may and ought to provide for them all And if it be done in thiscaso, what answer shall be given, when Congress shall be called upon, as 1t doubtless will be, to pursue similar course of legislation in the others? It will, obvious ly, be vain to reply that the object is worthy, but that the application has taken wrong di- rection.
 The power will have been. deliberately as- sumed, the general obligation will by this act, have been acknowledged, and the question of means and expediency will alone be left for consideration. The decision upon the princi- pie, in any one case, determines it for the whole class. The question presented, therefore, clear ly is upon the constitutionality snd propriety of the federal government assuming to enter into anovel and vast field of legislation, name ly, that of providing for the care and support of all those, among the citizens of the United States, who by any form of calamity, become
 
 l readily and I trust feelingly, acknowledge the duty incumbent on us all, as men and citi- zens, and as among the highest and holiest of our duties to provide for those who in the mysterious order of Providence, are subject to want and to disease of body or mind, but I cannot find any authority in the constitution for making the federal government the great almo- her of public charity throughout the United To Jo yo :,,J- L., contrary to the letter and spirit of the consttu- tion, and subversive of the whole theory upon which the Union of these States is founded- And if it were admissible to contemplate the exercise of this power for any subject what in the end, be prejudical to the noble offices of charity, to have the charge of them transfer red from the States to the federal government Are we not too prone to forget that the fede- ral Union IS the creature of the States, not they of the federal Union?
 We were the inhabitants of colonies distinct in local government one from the other, before the revolution. By that revolution the colo nies each became an independent State. They achieved that independence and secured its re- cognltlon by the agency of consulting body, which from being an assembly of the ministers
 
 no form of government which did not leave the domestic concerns of each State to itself. was appropriately denominated Congress- When, having tried the experiment of the con- federation, they resolved to change that forthe present federal Union and thus to confer on the federal government more ample authority, they scrupulously measured such of the func- tions of their cherished sovereignty as they ohn laln thoc Il With this aim, and to this end the fathers of the republic framed the constitution, in and by which the independent and sovereign States united themselves, for certain specified objects and purposes, and for those only, leaving all powers not therein set forth as conferred on one another of the three great departments. the legislative, the executive and the judicial, in- dubitably with the States. And when the peo- pie of the several States had, in their State con- ventions, and thus alone, given effect and force to the constitution, not content that any doubt should, in future, arise as to the scope and cha racter of this act, they engrafted thereon the explicit declaration that:
 "The powers not delegated to the United States by the constitution, nor prohibited by it, to the States, are reserved to the States respec- lively, or to the people,"
 
 the business of government, that involved in the social relations; internal arrangement of the body polite; the mental and moral culture of men; the development of the local resour- ces of wealth; the punishment of crimes in general; the preservation of order; the relief of the needy, or otherwise unfortunate mem- bers of society, did in practice remain with the States; that none of these objects of local con- hyvf pdiedly prohibited to the States, and that none Of them are, by any express language of the constitution transferred to the United States? Can it be claimed that any of these functions of local administration and legislation are vested in the federal government by any implication? 1 have never found anything in the constitution which is susceptible of such construction. No one of the enumerated powers touches the sub- ject, or has even a remote analogy to it. The powers conferred upon the United States have reference to federal relations, or to the means of accomplishing or executing things of fede- ral relations. So also, of the same character are the powers taken away from States by enu- meraton. In either case, the powers granted and the powers restricted were so granted or so restricted only where 1t was requisite for the maintenance of peace and harmony between the States, or for the purpose of protecting their common interests, and defending their common sovereignty, against aggression from abroad or instruction at home.
 l 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 ito lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general walfare of the United States,' because if it has not already been settled upon sound reason and authority, 1t never will be. I take the received and just construction of that article, as if written to lay and collect taxes duties, imposts, and excses, an order to pay the debts, and in order to pro- vide for the common defense and general well fare. It is not substantive general power to provide for the welfare of the United States. but it is a limitation on the grant of power to raise money by taxes, duties, and imposts. If it were otherwise, all the rest of the constitu- ton consisting of carefully enumerated and cau- tiously guarded grants of specific powers would have been useless if not delusive. It would be impossible, in that view, to escape from the conclusion, that these were inserted only to mis- lead for the present, and instead of enlighten-
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