Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-02-11
OF that forbidden tree. whose mortal tas,e
Hrouyht drath into the world and ALL our ,

Some Of these questions have been much
discussed already by the politicians aud jour
nalists, both Of the United States and Of En-.
rope. There is another however. at the very
threshold. not less important, which, so far as
have seen, appears to have been generally
overstepped, or but slightly noticed.
Has the government of the Thitrd States a's-
thority. Wder the Constitution. 70 make the
proposed purchase
To question at this day the omnipotcn"e
Of the Federal Government. will. no doubt
provoke smile Of derision, i'll many 4 sworn
supporter Of the written law which defines
its limits. To talk indeed Of constitutional
limit, is to call up an unpleasant if not an OH
solete idea.
Among the signs Of the times there is not
one more calculated to dshearten the friends
of our Republican institutions, than the habi-
tual disrespect into which that once honored
instrument has fallen-especially amongst those
pledged by oath to maintain it. Public mea-
sures nowadays arc viewed chiefly in
reference to their party or local bearings;
their political expedicncy; or pecuniary advan-
tagcs. The usual enquiries on every side, are
rM they Jenc6t our party or sectioni Wiz nfy
put money in our parses' VIII they gre rs
more had, The last question we ever ask is:
Are they consistent uith the constitution
Seldom has this last enquiry involved more
deeply the vital interests Of the country, than
in it, application TO the measures in progress
touching the acquisition Of Cuba. Fortunately
the question is not in this view. one OF myster-
Gus or subtle character. On the contrary it de-
pends on a few simple propositions, Ineligible
to the very pancSt cspacity-Such as are 10 be
solved indeed, not by metaphysical reasoning.
but by mere inspection Of writing too plain
to be misunderstood.
Let us bear in mind what seems fast fading
from our memory, that the Government OF the
United States is not, like that Of other nations,
possessed Of plenary power. Among them,
all power centres in their rulers. IL is fun.
damental axiom rith us that all power is
vested in the people The Federal Government
is q mere trust or agency, created by sovereign
and independent States. Its action is circum-
scrbed by a written law, which its function
aries cannot knowingly transgress, without IN
curing the guilt Of perjury. Nor is that
guilt the less. morally or legally, because the
sole penalties may be an Impeachment, Practi
cally inefficient. or the frowns OF an indignant
people 1t is by this written law that the va
lidity OF all federal measures is to be tested 1t
transfers to the United States certain specific
powers only. with general authority to make
all laws necessary and proper to carry those
poacrs into effect All other powers "are re-.
served to the States respectively, or TO the peo-
pie"
All we have to do, then, is TO look into the
Constitution, and say whether there DC any
express power vested in the Government Of
the United States, or any department OF officer
thereof" to purchase foreign territory-and if
not, whether this last power be attes'1ru and
proper to carry into effect any Of those express
ly granted.
None will affirm that there is any express
grant OF the power in question Equally clear
is it that that power is not necessary or proper
to carry into effect any power whatever speci-
ally granted If there he any such power
needing this auxiliary, which is it: 1t would
be passing strange, il after the lapse Of seventy
wears, We should now discover some power
which has lain dormant, or which having been
heretofore exercised has suddenly become IN
capable Of being executed, because Cuba du-
ring all that time has been, and still continues
the property Of Spain But why say more?
have now done all that | deem requisite TO
prove the proposition, that the Government Of
the Cnited States has no rightful authority to
effect the object proposed by the President;
and vet all that have done is briefly to refer
to the plain words Of our Magma Cbarta. No
labored commentary, no artificial reasoning
are needed to explain them; no sophistry can
raise doubt as 10 their meaning. nor extort
from them any concession Of power, direct or
incidental, to purchase territory from foreign
nation. j. K.
CONCLUDED ~ OUR NEXT.