The Nevada journal., 1857-09-25
Are we in the Union 1?

principles laid down in the bred Scott
decision have not we'll examined all
their tendencies. Because certain opin-
ions emanate from the highest authority
in the land they are apt to be received
as correct by the mass without con-
sulting their bearings. Before we set
tie down upon certain principles adj
Yanced by.men and nothing but men it
would be well to look to where they
lead. If the nation is drifting towards
dissolution, by the acts of its Judiciary,
it is time we knew it before it is too
late.
The Democratic doctrine of a strict
construction Of the constitution carries
with it the seeds of destruction to the
Federal Government as has been dem
onstrated by the ablest statesmen of the
nation years ago. Happily for the past
stability of the Union the discussion of
that doctrine was confined mostly to
legislative halls, political conventions,
the stump and the press. The Judicial
ry had not mingled itself in the contest,
perhaps discovering the danger of the
question.
Judge fancy, in rendering the decis-
ion Of the Supreme Court in the bred
Scott case took it upon himself to affirm
the views of the strict construction
school of politicians in the following
terms
For although it (the Government of
the United States) is sovereign and SUI
Preme in its appropriate sphere of ac-
ton yetit does not possess all the pow
ers which usually belong to the sover-
eighty of a nation. Certain specified
powers, enumerated in the constitution,
have been conferred upon it; and nei-
ther the legislative, executive nor judi
cial departments of the Government can
lawfully exercise any authority beyond
the limits marked out by the constitu-
ton"
Let us see where this decision ends.
Look well at the cup the highest ex-
Founders of the constitution present to
your lips, for poison turks within it.
If the powers of the general Govern
ment are limited to the powers specific
ally enumerated in the constitution, as
Judge Tancy's language declares, how,
or by what right, can the United States
punish offences against revenue laws,
mail robbeiies, piracy, or treason? The
power to punish is not specifically emu
merated in the constitution, and the de-
cision of the Supreme Court implies the
impotency of the general Government
to protect itself BY what authority
can pirate be arraigned hereafter for
offences committed against our COM
merce If the opinion of the Supreme
Court be correct, there is no court of
competent jurisdiction to try such cases
in the American Union. But the opin-
ion goes farther it makes a deadly
plunge with drawn sword into the vi
tails offthe confederacy. 1t dissolves
theoretically the Union.
If allthe powers of Government must
be specified and none implied, and nei-
Their Of the three departments can exer-
else lawfully any authority not express
ly granted by the constitution, by what
right is the entire Louisiana purchase,
Florida, Texas, and the acquisition from
Mexico, part and parcel of the Uni
ted States? Jefferson frankly ac-
knowledged he found no warrant in the
constitution, no authority, for the acqui-
sition of territory. Judge fancy de-
cides in, effect that the treaty making
pow eE of the Government performed an
unlawful act each and every time terri
tory has been acquired, and Congress
exceeded its constitutional powers
whenever money has been appropriated
for the purchase of said territory - for
the President and Senate on whom the
making of treat ties devolves have no ex-
press powers CT nferred upon them by
the constitution to stipulate for terrific
ry, nor Congress to appropriate money
to paw for the same What follows, but
that those States lying upon the Gulf
of Mexico, and all that wide expanse OF
country between the Mississippi and the
Pacific ocean-a territory large enough
for hundred empires are not constl-
tutionally within the American Union
California, therefore, was not constitu-
tionally acquired, the treaty with Mex
leo is void, and all subsequent acts o.
Congress based upon the assumption o.
ofthe jurisdiction of the United State;
over this county by virtue of the trea
ty exchanged at Queretaro, are also
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