The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-26
Innovations on the Constitution.

from The DGhy NeiOS.
One of the most formidable dangers now
menacing our form of Government is the broad
Interpretation now being given to those words
necessary and proper" in our Constitution, in
order to cover Usurpation after usurpation by
the present Congress. The application of the
system of Interpretation OF these words in the
Constitution, now being made to Justify the
Freedmens Bureau bill, the Civil RIGHTS BILL
the Reconstruction policy, and reserved legis-
latiye monstroslties originating with thespresent
rump Congress- is clearly Intended to suosti-
tute in the present Constitution supposed use
tulness or propriety for the necessity ex-
pressed and contemplated i'll that instrument;
and which, in fact, destroys every limitation
of the power of Congress. Carry out the doc
trines now freely ventilated by the unscrupu-
lous radical leaders on the floors OF both Houses
of Congress, and it follows, irre5siibly, that,
instead of being bound by Constitution, they
may claim the omnipotence of the British Par
lament, and that all the reserved powers of the
people, or OF The States, Will be swallo we'd up
at their pleasure by that underlined discretion
in q word, that the Constitution ITSELF so far as
respects a limitation OF powers, is by such doc
trine completely annihllated. Even the positive
checks which. in few instances, prohibit the
exercise of certain powers, Will not prove suffi-
Cient guard against an inordinate passion to leois
late on some tavOrlte subject. As an instance of
the usurpation of powers under this convenient
rule of the Interpretation, look at the green
back country of this currency. Under it, we
have discovered that Congress has power "tO
emit bills of credit" This, as a distinct and in
dependent power, was expressly prohibited to
the States, AS q distinct and Independent
power it was nowhere conferred on the United
States Nay, the presumption is, it was in
tended to be refused, because it was at one
period, during the deliberations of the con-
Yention, inserted after the power to borrow
money, and then stricken out. But yet Con-
gress has not hesitated to exercise the power.
Under what grant OF power was 1t authorized?
Under no expressed one, certainly; and, of
course, il must have been done as a means
(not absolutely necessary, nor indispensable)
to the exercise of a power without which
it could not be executed, but as being
highly convenient, useful, needful, con-
ducive to the powers of borrowing money"
maintaining navies," to none OF which does
the measure bear a more appropriate relation-
ship than the Sedition laws did to the power
to suppress msuIrection. A similar course of
reasoning confers on Congress a power to
pass laws ''impairing the obligation of con
tracts" This, too, as an independent power, is
expressly prohibited 20 the States, and is not
expressly given to Congress. Every usurpaton
is now justified under the same sophistry which,
under the name OF the war power, during the
last tour years, transformed this Government
into the most cruel despotism the world has
ever known. These specions preteXts are still
engaged in sapping and mining thevery foun-
datiohs OF the Constitution our fathers esta.
blished with SO much labor and so many sacri-
fees. The Democracy of the country, in the
coming battle, must grid up their loins for
another struggle agonst the latitudlnarian con-
stTuctonists OF our Constitution. Here a little
and there little, the radical sappeTs and
miners are at work, steadily ana theoretically,
and, if not hindered in their enterprise, 1t will
not be long before they will lay the mine, whose
explosion win tumble the whole fabric In ruins
about our ears.