Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-04-02

rs Jurisdiction is both original and exclusive. state
may by law regulate itscommorce with another Sateon
what authority Congress avoid its legislation. There
constitutional provision under which Congress can
issue a wr. of prohibition TO a State to restrain 1t IRON
the further exercise Of such power For If the State has
the power all it has it slEays-and the power eff Con-
gress over the subject could Onbe concurrent Aeon
current is not an exclusivepower The power OF Con-
gress noa mere power OF attorney reyocabe at the will
Of the States but is a vested and permanent power
having been transferred by the States by solemn COM
pact founded sufficient consideration. And under
the Constitution in like manner, no power Of Congress
be in abeyance precorousy lingering in the States
and dctermuabe in the States by the exercise Of such
power by Congress. political body cannot, any more
than natura! person, possess absolutely and entirely,
power which in any degree belongs to another This Is
utui,ivey certain. And the power to regulate com
merce between the States being wholly delegated to the
General Government part Of remains to any State
The Constitution makes no postal provisions except to
give Congress the power to establish post offices and
post roads and the incidental powers arising thererom
suppose State should undertake to establish postal
system, Sat it shOald establish post offices post roads
and general mail arrangements what would be the result:
invasion of the federal prerogatve which would op-
hurtiuly upon the postal system OF the Federal
Government But if the Federal Government should
Tail 70 establish such a system-n that case would the
Constitution require the State forego the advantages
OF the system and to refrain from all legislation to esa-
blsh such a systemg It certainly would. But at the
same tme it may be added that if the General Govern
ment should fail to establish to continue postal sys-
tenn t would therein fail to execute trust reposed in it
by the States, and would be chargabe with manifest
dsrelicou Of duty-and this is not to be presumed
The supposition of such derelction OF duty by the
Federal Government NAV be disposed of as would that
of its persistent failure TO lay and collect taxes, which
would be revolutionary, and is not to be presumed.
II might possibly be inferred that the grant Of powers
90 Congress under Art S. of the Constitution, is moi
ofitseit plenarv grant, inasmuch find that in IS
of he same Article several of the powers given to Con
r i'm the former section are referred to by an express
Introduction of those powers to the States For example
the power 20 coin money and the power to lay duties OF
mports But 10 IS sufficiently clear that the subsequent
r-ohiborv provisions are only in confirmation Of tn,
fs-arsing out OF an abundant caution prevent mis-
conception on subjects i'm respect of which errors nigh
be especially hurtful This appears from the legal an,
proper ,ec. Of the language of the provision giving th
roxer 10 Congress- and also appears from other lik
corfrmatorv provisions Of the Constitution For exam
pe in Art 50 4th clause, it is said that mo captatio
or other direct tax shall DE levied unless" &c. Now
capitaton tax IS direct tax yet for greater certainty
the term cqpf.atioa is employed so in the ls clause
s. Art l. the terms "du,ies" and 'imposts" are bot
used while either, by fair interpretation would have ha
the effect of both In like manner it not legal
necessary TO add the 10Th Article of the Amendments
4 IL ii