Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-06-06

ton. Congress is not bound in providing
q for the common defence, &c, 10 any par
ticular mode. This view is maintained by
the very best authorities. Take Alexander
Hamilton, as contained in No. 28 Of the
Federalist. His language is:
"The circumstances that endanger the
safety OF nations are infinite, and for this
reason no constitutional shackes can wise
" DO imposed on the power to which the
care of is committed This power ought
TO be co-extensive with ali possible combi
nations Of circumstances, and ought to be
under the direction of tho same councils
which arc appointed to preside over the
common defence.
Shall the Union be constituted the guard
ian Of the common safety2 Are fleets and
armies and revenue necessary to the pur-
pose2 The government of the Union must
be empowered to pass all laws and to make
all regulations which have relation to them.
g The same must be the case with respect
to commerce and to every other matter TO
which its preservation is permitted 10 ex-
tend. Every view we
may take Of the subject as candid inquirers
after truth will serve to convince US that
il is both unwise and dangerous to deny
the Federal Government an uncOnhned
authority in respect TO all those objects
which are entrusted to its management"
Take Judge Story, (Abridgment Of Com
mentaries on the Constitution, section 6O5, }
In speaking Of the powers Of Congress, he
says: If there be any general principle
that is inherent in the definition Of govern
ment and essential TO every step Of pro-
gress 10 be made by the United States, 1t Is
/ that every power vested in the Government
| is in its nature sovereign, and includes by
force Of the term right 10 employ all the
means requisite and fairly applicable to
! the attainment of the end OF such power,
unless they are excepted in the Constitu-
ton, or are immoral, or are contrary to
the essential object Of political society
II is an ineontrnVertible proposition that
when power is conferred upon Congress
or the Government, and there is no FRsiric-
ton imposed in the Constitution, that
power is supreme. 1t is claimed by many
by some no doubt honestly-that Con-
gress is restricted in its right to legislate
TO the specific objects named in article IL,
section s of the Constitution, even though
it was lagislating to establish justice, y
OF ENSURE DOMESTIC tranquility" or " to
provide for the common defence, sr 4Rro-
mote the general welfare; that though
these general objects we're had in view in
the formation of the Constitution, as well
as that Of rendering the Union "more per-
feet" still we can resort to no means but
I those specified aud expressed, or tA9se ne
4 cessarily growing out of them.
The first element Of Nationality is sOver-
eighty. Il cannot be that Il was eontem-
I plated by the trainers of the Constitution
I of the Union, that the Government should
not have unlimited powers to preserve its
existence and promote its general welfare.
4 This is as Hamilton understood II when he
/ said As know nothing to exempt this
portion of the globe from the common ca
/ iamities that have befallen other parts Of
it, l acknowledge my aversion to every
project that is calculated to disarm the
government OF q single weapon which in
any possible contingency might be qsefully
J employed for the general defence and Sc
curity.n Nc. SO, Fsdaralist. ~.r
The separate States cannot do IL for the
power is taken from them BY the COnstitu-
tion. By the very language of the ex-
pressed powers, Congress may do certain
things " for the common defence and gene
raj welfare of the United StateE (" to wit,
lay and collect taxes, duties, imPosts and
press instructions and repel invasions,
Congress may authorize the militia to be
oalledout. These ore the only recognitionsin in
the body Of the Constitution conferring
power on Congress to provide for the com
mon defence and general welfare, and TO
suppress instructions and repel invasiOns
but viii any one contend Congress may
not do these in any other way that
Congress may not, cannot provide for the
common defence, or for the suppression Of
instructions and repelling invasions
by the enactment Of any general law
clearly tending to the common defence,
and suppressing instructions? We will
not insult the good sense of our honest
men in arguing this point further. 1t is
at war with the idea Of sovereignty. It
would be an anomaly if 1t were So Il
would present the example of nation
having the most limited powers in itself,
and yet those very powers necessary to its
existence taken away from the several
States, and having no where a power re-
siding to preserve the life, the very exis-
tence of the government, from perils at
home or perils abroad.
But the history of the action of the
Government and action of Congress as
early as 1903, shows the Government is
not restrained to any particular mode in
providing for the common defence and
general welfare" At that time the terri
tory Of the United States extended no
further west than the Mississippi in any
portion of it, while at the southern ex-
tremity it did not extend so far. In those
early times settlers in the vicinity of this
aFather Of Waters and its tributaries had
no outlet to the ocean and markets of the
world but by way of this great channel of
North America. It was conceived by
Thomas Jefferson, then President, and
many Senators and Represen tutives, both
from the south and central portions of the
Union, that it was Of vast Importance that
the Union should have control of this
river, and President Jefferson commenced
secret negotiations for it, which resulted
in a cession Of it by France to the United
States for a sum Of more than S1l, 900, 900.
In relation to this, Judge Story in his
commentaries, section 64S, says. "There
is no pretence that the purchase or cession
of any territory is within any of the
powers expressly enumerated in the Con-
stitution 1t is no where in that instru-
ment said that Congress or any other de-
partment Of the National Government
shall have a right to purchase or accept of
any cession Of any foreign territory"
In section GA the same great authority
says: The friends of the measure were
adverse to the adoption of the doctrine
that the right to acquire territory was in
cident to National Sovereignty; that it
was resulting power growing necessaFi-
ly out Of aggregate powers confded by
the Federal Constitution, Cthat the appro-
priatiOn might justly be vindicated upon
this ground, and also upon the ground
that it was for the common defence and
general welfare"
If territory so vast as this could be
added to the country, a territory greaterin in
extent than All the Territory of the then