Washington sentinel., 1854-06-20

~ INC CONSTITUTION fchtich authorizes the feds raj
government 10 become such a collector for lh,.
States, nor OF any principle Of safty or p,opy. b
which admits OF The States becoming suck recipi.
snfs of Sratnity from the general government"
1t is plain, then, that if this power exists at
all, 1t exists as well in relation to the money
raised from customs, either by indirection in
the process which ! have described, that of
converting it into property, or else by direct
grant, because the words Of the clause cover
that species of property, as well as every other
But, sir, it is said there is another limita.
ton; and it is, that this power cannot be ex-
ercised without the consent Of the States. Mr..
Madison has said:
If a general power TO construct roads and ca.
mails, and 10 lmprave the navigation OF water
courses with the train of powers incident thereto
he not possessed by Congress, the assent OF The
states, lnihe mode provided by the BILL can con.
fer the power. The only cases in which ihe con,
sent and cesson of particular States can extend
The power OF Congress- and those specified and
provided Tor in the Constitution See veto mes
sage returning bill entitled AN act 10 sci apart
and pedge certain funds for internal improv..
ments," Marcn 3, 1877.
1t could not do so, for the obvious reason that
It Is provided that the Constitution of The
United States shall not be altered, eScept with
the assent OF three-fourths Of the States: and to
admit this doctrine would be TO allow CONGRESS-
and one State to change it. II is manifest that
the assent of State might thus give powers IN
Congress to be exercised within that State
which would affect not only itself but the other
states. For instance, the State might give lis
assent-and 1t would be to its pecuniary inte.
rest TO give It's assent-to a proposition on the
part OF Congress to pay its debts and yet the
other States would be interested because they
would have to aid in contributing the means
and State, too, might agree that Congress
should execute system of interna! improve
! rnents within its borders; but it is plain that
| such an act would affect the other States also
not only because they would be forced to and in
| paying for these works, but for the further
reason that the favored State might thus be On.
abled TO direct trade and commerce at the ey
pense OF the others, who were striving to obtain
the same things. Again, State might be
Wiling to cede to the general Government the
power to establish a bank within It's limits. and
II might be greatly to the advantage of that
State, because it might turn the stream of ex-
changes and commerce in that direction: and
yet It would be very much against the interests
Of the other States that such an institution
should be established or such privilege given.
FOR this reason, 1t is plain that if power in
the general government does not exist without
the assent OF the, States, it cannot exist with
that assent; or, in other words, it is not in the
power OF single State, or less than three
| iourths OF the States, by their assent, to vest
| powers III Congress which it would not other
wise have. If this be the case, it is NANTES,
! that here are not only unlimited powers pro
| posed TO be lodged in Congress By this restric.
ton, but it is allowed to direct towards the ex.
ecutlon OF those powers all the means of the
government, whether derived from the sales of
It's lands, or from taxation by customs, or in
any other way. Not only this but it is mani
lest that the general government may execute
those powers, according to this construction.
even without the Limitation of the equality Of
the States, and it may execute them uneuually
and unjusty.
Sir, if this be the case, what becomes Of the
grand and cardinal idea Of the distribution OF
powers between the States and the federal gov
ernment; for, according to this construction.
all power is vested in the federal government?
hat the use of the careful enumeration Of
powers which are granted in the Constitution
because under this claim Congress would pos,
sess not only those powers, but many more: in
TACT, II would have unlimited power. What
the use OF that grand fundamental idea on
which the Constitution itself rests, of the equal
ity of the States and of individuals under the
action of the government; because under this
construction Congress might act partially and
unequaily. W hat becomes Of that provision in
the Constitution which says that all powers
not granted are reserved for, according to
| this, the authority of Congress is absolute, ex
cept SO Tar as there are certain positive prohi.
bitions in the Constitution.
| Sir, Mr.. Madison has remarked, in reference
| to another subject-,he general welfare doc
| trine-that it was circumstance to be noticed.
| that, IN all the various amendments proposed
/ by the States before the ratification Of the Con-
stitutlon, and after, that every one of them pro
4 posed to limit, and not to extend, the powers Of
the general government. If, then, there had
been proposition to grant such absolute and
unlimited powers to Congress, is it to be sup
posed 1t could have ever been ratified by the
States? This line of argument was used for
| the purpose of demonstrating that the power
claimed under the general welfare clause
| could not exist, and it was deemed sufficient
] It was the argument used by Mr.. Madison in a
/ celebrated report which was adopted by the
democratic party, as a portion of its creed at
the last Baltimore convention. Sias Wright,
/ in lS4l, when he made speech on this ques.
tion, said, In reference TO it, that if it had not
| been proved that no such power existed, it was
| useless to add arguments at that day to show
that it could not exist, because it had been de-
monstrated that such doctrine would upset
and overturn the grand and leading intentions
of the Constitution ITSELF
If that argument was good in relation to that
claim, it is much better in regard to this, which
is claim Of still more unlimited powers than
that could have been. That was limited by the
very fact that it was to be executed for the
common defense and general welfare" which,
BY its own terms, proposed to respect the great
principle Of equality. But this allows Con.
gress powers which are unlimited, and which
have no reference to equality. So that if the
argument were good against that-and be-
iieve it has been admitted to be so by a large
majority of the people, and there is scarcely
any one who disputes it now-itis much better
against this, which is claim of still more
unlimited power.
But, sir, i: may be asked, what are the limi-
tations? The terms of the grant seem to be
positive and absolute. If it is denied that it is
an absolute power-and surely it can be done
SO with reason--what are the terms of lmita-
ton Why, sir, it is limited precisely as the
appropriating power is limited You may dis
pose of the proceeds Of the public lands for the
purpose Of carrying out the enumerated pow