Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-05-06

So also of the same character are the powers taken
away from the States by enumeration In either
the powers granted and the powers restricted
granted restricted only where il requisite for
the maintenance of peace and harmony between the
States or Tor the purpose Of protecting their common in
teress and defending their common sovereignty against
aggression from abroad or instruction at home
shall not discuss the question of power sometimes
claimed for the General Government under the clause Of
the eighth section the Constitution which gives Congress
the power lay and collect taxes duties, imposts and
excuses to pay debts and provide for the defence
and general welfare Of the United Sates because If it
has not already been settled upon sound and
thory, 1t never will be- take the received and just
construction Of that article If written to lay and collect
taxes, duties, imposs and excuses order to pay the
debts and N order 10 provide for the defence and
general welfare IL is substantive general power
provide for the welfare Of the United States bat is lin
itaon ON the grant Of power raise money by taxes u
ties and mposs If otherwise all the rest the
Constitution consisting Of carefully enumerated aDd eau
tiousy guarded grants Of specific powers would have
been useless if not delusive. Ii would be impossible
in that view escape from the conclusion that these
inserted only TO mslead for the present and instead
Of enghtening and defining the pathway of the future to
involve its action in the mazes Of doubtful construction
Such conclusion the character the men who framed
that sacred instrument will permit Us to form In
deed TO suppose susceptible Of any ether construction
would be consgn all the rights OF the States and of the
people of the States the discretion Of Congress-
and thus cothe the Federal Government with authority
to control the sovereign States by which the States would
have been dwarfed into provinces departments and all
sovereignty vested in absolute consolidated central
power, against which the spirit liberty has Often and
in many countries, struggled in vain. In my Judgment
you cannot By tributes to humanity make any adequate
compensation for the wrong you would in6ct by
ing the sources of power and political action from those
who to be thereby affected If the time shall
rive when, for object appealing, however strongly to
sympahies the dignity Of the States shall bow the
dictatoL of Congress by conforming their legislation
thereto, when the power and and honor OF those
who created shall become subordinate the thing of their
creation, but feeby utter my 0pprehens0ns when
press my firm conviction that shall .he beginning
| of the end"
Fortunately we not left in doubt to the purpose
Of the Constitution any than to its express Ian
guage; for although the history of its formation
corded in the Madison papers, shows that the Federal
Government in its present FORM emerged from the
ict of opposing influences which have continued to divide
statesmen from that day this yet the rule of clearly
defined powers and of strict construction presided
the actual conclusion and subsequent adoption Of the
| Constitution.
| President Madison, in the Federelist says:
Tho powers delegated by the proposed Constitution to the
Federal Government few and defined Those which
to remnn in the State Governments numerous and indie
finite. It's he General Govenmens jurisdiction extends
certain enumerated objects only and leaves the several
States resduary and nyoabe sovereignty over all other
| objects"
/ In the spirit President Jefferson nvckes the
support of the State Governments in all the rights the
most competent administrations for domestic
GERMS and the surest bulwark against ant-repubican
tendencies and President Jackson said that true
strength and wisdom promoted by nyasons Of the
rights and powers of the several States but that the
contrary, they consist not in binding the States
closely to the center, but in leaving each unob
structed in its proper orbit"
The trainers of tho Constitution in refusing confer
the Federal Government any jurisdiction these
purely local objects in my judgment manifested wise
forecast and broad comprehension Of the true interests of
these objects themselves 1t is clear that pu0lic chart
ties within the States be efficiently administered only
by their authority The bill before comedies this for
Lit does not commit the funds it provides to the admins
Ytration of any other authority
cannot but repeat what have before expressed that
the several States many Of which have already laid the
foundation Of munfcent establishments of local beneh-
cence, and nearly all OF which proceeding to establish
them shall be led suppose, they will be, should this
bill become law that Congress is make provision fol
such objects the fountains Of charity will be dried up al
home and the several States instead Of bestoWng their
owl the social wants Of their people, may them
Selves Throughout the strong temptation which appeals
States to individuals become the humble suppans fol-
the bounty Of the Federal Government reversing the
, true relation to this Union.
Having stated my views of the limitation Of the powers
conferred by the eighth section Of the first article Of the
Constitution, deem it proper TO call attention to tn
third section Of the fourth article and to the provisions
the sixth article bearing directly upon the question
der considerations which, instead Of aiding the claim
power exercised in this case, tend it is believed srong
to Illustrate and explain positions which, even withou
such support, cannot regarc rs questionable
The third section of the fourth article Of tho Consttu
: ton IS in the following terms
The Congress shall have power TO dispose of and make n
needu rules and regulations respecting territory ohe
property belonging the United States and nothing in th
Constitution shall be construed prejudice any claim
the United States or OF any particular State.
The sixth article is as follows to wit that
"A debts contracted and engagements entered into before
the adoption Of this Constitution shall be valid against the
United States under this Constitution under the Confede
ration" ...,
For correct understanding of the terms used in the
third section OF the fourth article above quoted refer
ence should be had the history Of the times in which
the Constitution formed and adopted TWAS decided
upon in convention the It'll September, 1897 and by
il Congress was empowered to "dispose Of" &C. " the
territory other property belonging the United States
The only territory then belonging the United States
was that then recently coded by the several States,
wit: by New York in 1871, by Virginia in 1884, by Mas
sachasets in 1885, and by South Carolina in August
1857 only the month before the formation Of the Cons
tuition. The cession from Virginia contained the follow
ing provision
That all the lands within the territory ceded to the
United States aud not reserved for appropriated any
the before mentioned purposes disposed of in bountes
the officers and soldiers of the American army shall be
dered fund for the and benefit Of such Of the
United States have become shall become members OF
the Confederation Federal alliance Of the said States Vir
gna included according their usual respective proportions
in the general charge and expenditure and shall be faithfully
and bona fde Disposed for that purpose and for other
use purpose whatsoever
Here the object for which these lands be disposed
of is clearly FORTH and the power to dispose of them
granted by the third section of the fourth article Of the
Constitution clearly conempates such disposition only
If such be the fact and in my mind there be doubt
it. then you have again, not only implication in ia
yor Of the contemplated grant, but the strongest author
ty against it.
Furthermore this bill is in violation of the faith of the
Government pledged in the act of January %, lS4 The
| nineteenth section Of that act declares
Tba for the uaymen of the stock which be created