The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-10-09
sflistellaneolrs,
From the Atlantic Monthly.l
OUR DOMESTIC RELATIONS.
BY Charles Sumner.


--
POWERS OF CONGRESS.
In the exercise of its sovereignty Congress
is intrustcd with largo and peculiar powers.
Take notice of them, and you will SEQ how
little of Sovereignty" is left to the States.
Their simple enumeration ID an argument
against the prctensions of State Rights
Congress may lay and collect taxes, duties,
imposts, exciscs, to pay the debts and pro.
vide for the common defence and general
welfare OF the United States. 1t may Dor.
row money on the credit of the United States;
regulate commerce with foreign nations, and
among the several States, and with tho Indi.
an tribes; establish a uniform rule of natu-
ralization, and uniform laws on the subject
of bankruptcy, throughout the United
States; coin money, regulate tho value
thereof, and fix the standard of weights and
measures; establish post.oiEiccs and post
roads; promote the progress OF science and
tho useful arts by securing for limited times
to authors and inventors the exclusive right
to their respective writings and discoveries !;
define and punish piracies and felonics com.
mtted on the high seas, and offences against
tho law of nations, declare war; grant let
tsrs Of fmarquo and roprisal make rules con-
ccrning captures on land and water; raise
and support armies; provide and maintain
a navy; make rules for the government and
regulation of the land and naval forces pro-
vide for calling forth the militia to execute
the laws of the Union, suppress insurrcc.
tions, and repcl invasons; provide for or
ganizng, arming, and disciplining the mill.
tia, and for governing such part of them US
may be employed in the service of the United
States, reserving to the States respectively
the appointment of officers and the authority
of training the militia according to the dis
cipline prescribed by Congress; and make
all laws necessary and proper for carrying
into execution the foregoing powers and all
other powers vested in the government OF the
United States.
Such arc the ample and diversified powers
of Congress, embracing all those powers
which enter into sovereignty. With the
concession OF these to the United States there
seems to be but little left for tho several
States. In the power to "declare war" and
to "raiso and support armies," Congress
possesses an exclusive power, in itself i'm
mense and infinite, over persons and proper
ty in tho several States, while by the power
to "regulate commerce" it may put limits
round about the business of tho several
States. And even in the case of tho militia,
which is the original military organization
of the people, nothing is left to the States
except Z" tho appointment of the officers"
and the authority to train it according to
the discipline prescribed by Congress. 1t
is thus that these great agencies are all in
trusted to the United States, while tho sew.
eral States are subordinate to their cxer.
cise,,
Constantly, and in everything, we behold
the constitutional subordination of the
States. But there are other provisions by
which the States are expressly deprived Of
important powers. For instance: Z" No
State shall enter into any treaty, alliance, or
confederation coin money. emit bills Of
credit make anything but gold and silver
coin tender in payment OF debts" Or, If
the States may exercise certain powers, II is
only with the consent of Congress. For in
stance: "No State shall, without the con
sent Of Congress, lay any duty of tonnage,
keep troops or ships of war in time Of peace,
enter into any agreement or compact with
another State or with foreign power."-
Here is magistral power accorded to Con-
gress. utterly inconsistent with the preten.
sions of State Rights. Then again "No
State shall, without tho consent of the Con-
gross, lay any imposts or duties on imports
or exports. except what may be absolutely
necessary for executing its inspection laws
and the net produce ofall duties and imposts
laid by any State on imports or exports shall
be for the use OF tho treasury OF tho United
States and all such laws shall be subject
to tho revision and control of the Congress. "
Here, again. Is a similar magistral power ac-
corded to Congress, and, rs if still further
10 deprive the States OF their much vaunted
sovereignty, the laws which they make with
the consent Of Congress are expressly dcclar.
ed to be subject {" to the revision and control
of the Congress" But there is another in.
stance still. According to the Constitution,
"Full faith and credit shall be given in each
State to the public acts, records, and judicial
proceedings Of every other State;" but here
mark the controlling power Of Congress,
which is authorized TO "prescribe the man
ner in which such acts, records, and proceed.
ings shall bc proved, and the effect there
Of"
SUPREMACY OF TIE NATIONAL GOVERNMENT.
But there arc Eve other provisions Of the
Constitution by which its supremacy is pos.
itiycly established. /. "The citizens of
each State shall be entitled to all privileges
and immunities of citizens in the several
States" As Congress has the exclusive
mower to establish "an uniform rule Of natu-
il may, under these words oithe
secure for its newly entitled