Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-01-27
Strict Construction.

Inc federal government Is government OF ueie-
gated and limited powers and the powers not dele.
gated are reserved to the States respectively or to
the people, Congress can do nottingham pass no
law unless the power to do so has been expressly
granted in the Constitution, unless it results ne
cessarily by implication from an express grant
Doubtful powers which must always of course be
of the implied powers, should never be exercised.
1t is BETTER in all such cases. to omit the exercise OF
the power claimed; for in system like ours, where
the right of State legislation takes so wide and so
useful a range no great inconvenience or evil can
follow such omission by the federal government In
deed, "the world is governed too much" We have
too many laws 1t is the duty of Congress and the Ex-
ecutive to conduct foreign intercourse to maintain an
army and navy, and to collect the moneys necessary
to support the government in the Constitutional cur
rency which is gold and silver; leaving the States
to make Railroads, and Canals, and Banks in their
own time and way, not to make them, if they
should SO determine The States, the founders and
creators of the federal government, are sovereign
The federal government is not. Congress may, for
example, coin money and declare war. These are
sovereign powers, but it by no means follows that
the government is sovereign. 1t yields these pow
ers exclusively and in trust for the States and the
people; and it must use them in no doubtful way
1t must be careful, in the exercise of delegated pow
er, not 10 trench upon the reserved rights of the
States.
If the federal government may, under any circum
stances, exercise any one doubtful power, it may 60
on to exercise any number Of doubtful powers; and
if it should do this the Constitution would be ef
fectually destroyed in the end could be by open
and palpable violations.
Some politicians, for instance put the redistribution"
question the ground of necessity and sefpreserva-
ton. Mr.. Jefferson, they say, acquired Louisiana
this ground. But the cases are by no means an
alogous or similar In the first place. it has not been
shown that distribution" is necessary; and to ar
que that sclfpreservaon is involved in it. would be
absurd. The Constitution, it is true, contains no
express grant authorizing the acquisition of territory
1t treats specifically in one place of 'he territory
other property" of the United States; but provides
also that "new States mag be admitted by the Con-
gress into this Union" What !" new States?" Was
it intended that this power to admit =" new States"
should cease after the territory tken belonging to
the United States should be exhausted? So after
ALL as it seems to us, Mr. Jefferson had more power
under the Constitution in this respect than the poll
ticians referred to have conceded; but, we repeat
there is similarity between the grounds on which
Louisiana was purchased and those on which "dis-
tribution" really rests. 1t will not do to suppose eth
er that distribution" is necessary or is demanded
on grounds of selfpreservation.
The old Atlantic Southern States are especially in
teresed in strict construction of the federal Con-
stitution The balance of power is not merely in
clinng but it has gone to the North and Northwest;
and the indications that those sections of the
Union are not disposed to respect as they should
the limitations of the federal Constitution. We of
the South have "peculiar institution" which is re-
cognized by the Constitution. This institution is a
vital one to us. Our all people is involved in
its protection and existence. If we favor approve
departures from the Constitution in other respects
how can we claim that in this respect important
so vital to u.s. the Constitution shall be rigdy main.
tanned? The sure, the safe, the only way is to in
sst upon the Constitution as it is. in its letter and
spirit, and to oppose inaexib]y all departures from
it and all attempts to assume and exercise doubtful
powers. We must not yield to the ambitions, the
sectionalisms the selishness, the camors of the
hour. We must look to great principles, not to ex-
pediency pocy.-to the Constitution, and to what
1t permits and prohibits, and not to what this man
that man, this section that section may de-
sire.