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

municipal regulations of State under the pretext OF
providing for the welfare OF the inhabitants of this Unlon
should be interered with by Congress Certainly il
would not be conlended that you had right 10 build
ais Tor the purpose o conhnng the criminals OF State.
or make appropriation out OF The treasury for that
purposes and under what distinction is II that when
you have right 10 do that you build poo-houses
ior the occupancy OF The poor OF The States, build
hospitals Tor The insane poor can difference
between the exercise OF the power and the other In
Short Il seems 10 me that II you make appropra-
ton Of money or lands for the purpose which this bill
and you can restrict The State by your bill
The application of the land or money so granted 10
that purpose and that purpose alone it is direct and
papaoe interference with The State sovereignty in rea
ton TO subIect-maiter which the State has exciu-
sive lnrisdicton and which the constitution has
vested no jurisdiction in Congress
hold, therefore, that though II may be- and was alb
souely necessary that, condiDg the powers OF legs
ahon delegated IN the federal constitution the general
government TO use general TERMS and to confde general
powers such as TO make peace, TO make 10 raise
money on imports without any express limitation. TO ap
propraie money without any express restriction other
than The discretion of Congress--these powers bc
general government applies and if you do not exercise
the power OF appropriation Tor purpose to which the
jurisdiction applies, yon are violating the constitution in
alor contend here that it is within the power OF the Con-
gress OF the United States TO provide by law for the
ton OF hospitals Tor the INDECENT within the States
Of hospital for the INDECENT insane directly in State
ask, would that not be the assumption of power not
delegated, and inevitably void II you have right
10 do it directly, what principle is il that those mo-
neys which conded your hands, collected from
imports, or those lands which You bough, with moneys
collected on imports, and which became the common
ated for purpose which Congress have no authority to
perform, in the national and proper operation OF its laws,
upon The citizen directly instead OF through the political
medium OF the States
Mr. President, independent OF tins question connected
with the constitutional provision, could not, with my
view OF what is necessary Tor the pemanence OF this
In St.tng
soneFs OF the general government for any purpose what
ever which is within their jurisdiction, and not within
the Jurisdiction OF The federal government know, sir,
that this bull might be beneficial TO my State There
may be, there are, other which would be bene
cia 10 my Saie and 10 other Staes which Congress has
no authority 10 pass and il is, however of far deeper
ultimate interest TO the people Of my State, and of far
deeper interest 10 The people OF every State OF this Union,
In my Judgment that Congress shall be held 10 the pow
es intended 10 be conhded by the constitution, unless
the people will IN proper manner, agree 10 amend that
constitution, OF lar abiding interest Than they got
thousands-ay, millions OF doarsor any purpose what.
ever, by invasion OF the constitution
Sir, you may commence this system, founded upon
benehcent project, which may meet the approval OF
every mans Judgment but make the si nIoad upon The
constitution, and il will be followed certainly by pro-
jecs OF every kind in which the rights OF The States will
be overridden and the federal government will con-
eenfate IN Itself all power; and not only this, but IL viii
lead 10 dangerous projects OF sectional advancement,
Stale combinations through the OF that power OF
Congress, will be entered into; and be moment you
tTampe upon The restrictive principles oil the Constitution,
When that ume comes the spirit OF resistance will arise 10
those States which denied the common bepeIs oil
ihe common properly OF the Union The efec, will be
cofrnpye also Power ways tends TO corruption. The
great support which Is hereafter 10 maintain the federal
government lust from its abstinence in the exer-
else of doubtful powers and that abstinence
oe confirmed BY settled, persistent determination
ablte by that rule oil the constitution which requires the
appheauon oil granted powers 10 objects whia the u-
matters ol beneficial Legislation where the constitution
meant them 10 be leo the Staies and 10 the people OF
the states respectively
blr. President, The principles which have advocated
originate not with There is not principle have
Qnciaed which you cannot find in The discussions on
the federal constitution, which had before the peo
pls o America before the adoption Of the constitution,
and understood and known TO be the pregnant argu
which induced the States and the people 10 adopt
thai constitution This discussion, too took place long
before that article inserted which subsequently, in
express terms restricts the powers OF the federal govern.
men TO delegated powers and reservesto the States and
people all others will read or il is well 10
times 10 the opinions expressed IN that day)l will read
one or two passages from the Fedeas illustrative OF
the opinions which have adavnced; and think they
will fully sustain me On page 2il Of the Federalsi,
number 30, in number written BY MIR Madison speak
ing OF the relation and extent OF powers, be this
language;
ln this relation, then proposed government, canno,
be deemed naona one since It's iurisdcton extends 70
certain enumerated objects only, and leaves tie several
saies resdaary and nyioabe sovereignty ali
ask you, where this object of providing for the in
dgenI insane, OF any similar object enumerated in the
constitutional Does II within The classification OF
powes' II has connexion clearly with the security
against foreign danger Il has no connexion with the
intercourse with foreign States II has no oonnexion
with the third class OF powers, for the maintenance of
proper harmony and intercourse between the States IL
has no conneXion with the miscellaneous objects, be.
cause they specihed-such copyright patent laws,
The jurisdiction ihe DsIriel OF Columbia and the
power over the public lands The last power con.
hded for such purpose legislation for beneficial mu
nclral objects All control and equation Of such
tes reserved for the exclusive jurisdiction of the State
governments According to the language Of Mr. Madi.
there Is left 10 them in this respect resduay and
involable sovereignty, Sir, am unwilling 10 violate
that sovereignty.
Again, page 2s2. in the 45lh number Of the Federal
ist, he holds this laHguage;
The powers delegated by the proposed constitution
remain ia the State government
indefinite The former will be exercised principally
ternn oeeot ns wa, pesco negotiation, and foreign
merce, with which last the power of wf the
most part be connected The powers reserved the
eral states will extend all the Objects which, Ia the ord
nary courte 81 affairs the lives liberties, and
properties Of the people, and the internal order improve
ment, and prosperity Of the State"
which, IN the ordinary course OF affairs, relates solely
20 the internal order, improvement, and prosperity Of
State p
ask them within Which OF these classes does the
provision of building hospitals tor the INDECENT insane
GOMEZ II appears TO we, s that had far better trust
Tor the exposition OF the intent and object OF the federal
constitution, II there be any doubt about It's objects 10
this Case TO those who explained il TO The American pe0
pie, aud who conessedy led to s adoption by the force
OF their arguments than to trust now TO loose and
dangerous construction which viii lead us 10 an ndef-
mite exercise Of power, simply because The objee, pro-
posed ls oi an uBquesuonably benevolent character
The argument comes 10 this That though The pouer
n "A