Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1857-11-12

to the following test:
Is it fairly and properly incident !
to an expressly delegated power?
md its exercise necessary to the ex-
ecution Of. the same, and without
the exercise of which the expressed
power would be nugatory?
lfjt is, Congress may properly ex-
ercise it. But if it is not, it is one
Of those powers reserved to the
States or to the people, which Con-
gress cannot exercise without usur-
ping the legitimate powers of the
State Government.
To carry this doctrine Of implied
powers further than this, upon any
idea of expediency or general well
fare, is to make the powers Of Con-
gress depend upon the very varying
opinions of its members, as to what
will promote the general welfare
in effect making the Federal Govern.
ment one of unlimited powers.
Under the doctrine of liberal or la
titudinous constructions Of the Con-
stitu.ion, arising from the uncertain-
ty of implied powers. the most extra
ordinary and alarming assumptions Of
Federal authority have originated.
And it is TO be regretted by all who
earnestly desire the peace and per-
petuity Of our Government that there
is class OF politicians in some Of
the States who claim for Congress the
power to mould the domestic institu-
tions cf the Territories. and seek to
degrade from the rank of equality
one half of the States of the Conied-
eracy, by prohibiting the introduction
of species Of property common to
those States.
The Federal Constitution recogni-
yes domestic slavery as an existing
institution, and leaves the question
to the exclusive jurisdiction and con-
troll of the several States and Terrific
ries, each having the unlimite d pow
er, to determine for itself by its Con.
stitution, whether slavery shall OF
shall not exist within its corporate
limits; and where it exists to be reg
ulated and controlled by them, free
from interference by the Federal Oh
any other Government. Indeed it is
placed by the Constitution beyond
the pale of Federal legislation, ex.
cept in the single instance of provi.
ding for returning the Fugitive to
his owner.
And while / hold it to be our imper-
alive duty to preserve and maintain
the General Government in all of its
Constitutional vigor, cas- the sheet an
Choir of our peace at home and seen.
rity abroad" it is equally our duty
to watch with jealous vigilance. an(
guard With strong hand against the
encroachments of the Federal, upor
the reserved rights Of the State Gov
erDmeut.
The formation of our domestic in
situations and the administration Q
our domestic affairs, are amongst tn,
highest and most important power
reserved" to the State and to thu
people, the exclusive exercise of whicl
by the States is the surest bulwarl
against anti-republican tendencies
and certainly affords to the citizen
a greater amount of security for life
liberty, and property, and in the pun
suit Of happiness, than can be secures
under any other Government that ha
ever existed.
: And any attempt on the part Q
|, the Federal Government or siste
State to interfere with the domesti
institutions or policy of State Gov
ernme mt, OF the formation of the dc
5 nestle institutions of a new State
5 would be palpable usurpation 0
power and an oflicious intermeddline
, fraught with the most serious danger
and resulting probably in the mos
disastrous consequences.
, IF we would preserve our institu
5 tons unimpaired and maintain GU
!, rights undiminished, it becomes tn
: duty of all the States, and especiall
of those whose constitutions and law
: recognise the existence of domesti
slavery, to adhere with firmness an
S pertinacity to strict construction 6
: the Constitution, upon which rests tn
principles of "non-interference b,
|, Congress with domestic slavery eithe
: in the States or Territories"
: Amidst the mutation and decay q
parties, it is gratifying to know tina
, there is, and has been from the begin
, ing of the Government, political OF
! ganization co-extensive with the q