Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-27

facilities Of exchange to commerce.
Sd. Whether 3. ha5 The power to i'm
prove the navigation o~frivers, and max
National highways.
The solution Of these questions did no
depend upon the considerations that i
: was the purpose, prerogative and duty o
a good and wise government to do thu
things in question but whether the Con.
~stitutiOn, correctly interpreted by lega.
=, rules, conferred the necessary powers
In other countries, the interest and wei.
! fare Of the people create the tests by
which TO determine the proprlety and
wisdom Of measures; and therefore it il
the business of these governments and
Of their statesmen to do that, in legisls-
ton and administration, which tends 10
improve and instruct the people, to in
crease their material comforts, give them
occupation, develope the resources of the
country and multiply its productions.
There was no doubt that Congress had
power to encourage the commerce and
s~hip-building and fisheries Of New Eng
land. Selfshness had seen TO that, in
making what proved to be the one-sided
and fraudulent compromises of the Con-
stitution. 1t was not wen a question Of
duty, on the part Of the government. as
to these gratuities. Congress had the
power, and, therefore, must exercise it.
As to the other measures spoken of, there
was never any question of duty, but emily
Of power. Those who argued that a duty
existed, an obligation, succeeded for a
time, but were ultimately overcome. In
one case, want of power did not prevent
the set. Mr.. JEFFERSON purchased
Louisiana, declaring that there was no
power to do 50 under the Constitution.
WASHINGTON advised the establishment
Of a National University; but strict con-
struction ~enjoined the benefcence.
The States Rights party even denied
the power Of the General Government 10
distribute among themselves the surplus,
remaining unexpended in the Treasury,
Of the proceeds of sale of lands which
they claimed belonged to the States and
were held by the United States as trustee
for them. In other words, they held
that it was unconstitutional for them to
receive what was their own. That, to
use an expression somewhat below the
dignity Of the subject, was Strict Con-
~struction on the rampage.
1t was sturdily denied that the General
Env-arn mani a,VrTI as-, - 4E--- II
to help build a railroad to the Pacific;
but self-interest Overcame Strict Con-
struction, and throttled it; and lands
have been given forpossible and impcssi-
bic railroads, in every township where
there are public lands, not so much, in
many cases, to build the roads, as to en-
able honest gentlemen in Congress to
turn an honest penny by purchasing the
lands along the line Of proposed roads,
after they had completed the bargain for
the grant, and when it was not yet
known except to the bargainers, whether
the bill would pass.
1t was unavoidable, under a Constitu-
ton that created a government with
limited powers, and where it was not
certain or settled what the Constitution
was, or who made it, that all such ques-
tons should dwindle and degenerate into
questions Of construction, sure in the end
to dwarf statesmen and engage the whole
country in the discussion Of Improbable
bubbles and dull, dry technicalities. 1t
was equally unavoidable that the faculty
of plau sibly, even Of shaIlowly and
specifically debating these questions Of
power and construction, should deprive
the country Of the services, not only Of
all the men Of intellect and practical
sense and wisdom OF the minority in
each State, and Of those Of the maj9rity
itself who were only men Of wisdom and
practical knowledge, and jealous to
make the government a beneficent
Providence. a teacher and a guardian of
people-whO were only such as, in
other ages and in other countries, even
this age, have been the b~enefactors Of
heir cOuntrymen and Of the human
-ace-whO were only such men as. in
other lands and under wise kings, con-
iuct the affairs of nations. A republic
Ostracises from employment and
public service and honors a third, and
sometimes a hall, Of those who are best
able and most ready to truly serve it ;
and If it allows One such to vote, it off .
his ballot by that Of a Norwegian
Door or a semi-barbarOus negro. :
Thus, we say, the whole Nation be- ]
'omes engrOssed and absorbed in what .
lord BACON styles "vermiculate - oues- :
ions, over which what they call their
statesmen wrangle continually and
truly benefits a Nation and is wise
nd great in legislation or the conduct +
( affairs becomes Of secondary import L
nee. As the Constitution teemed with u
uesticns provoking controversy, it "
abundant food for faction, and l.
invited the people to exile from Office >
hose most capable of serving the State. "
nd to replace them with intellectual >
Opinjays and parrots, OF with rash and .
iolent men whose passions were mis- u
AIKEN for patriotism. Fanaticism in the a
iorth placed its MalignaRts in Con- 81
ress, and these and the Hotspurs taught G
he people Of n section Of the country r'
} hate those OF the other, while New io
.ngland, ike the gulls that feed most d
reedily in a storm, assiduously piled its II
o%cation, and served an apprenticeship u
Butlerism, by i~nsinuating its long 10
myers into every Western and Southern .
ans pocket and purse and dinner-pot. 81
taking 1.-THE and toll ia exchange for "a
ETY. and a share in Plymouth Rock. %
Unfortunately, the North cared moth u
g about the obligations created bv the al
institution, unless where it was to her "a
oft to insist upon them. There she %
her pound Of flesh. The North Va
u States had agreed, as solemnly As La
ave ever agreed to a bargain that he ~
cant to violate as soon as he should
reaped all the benefit Of it, to deli ~
r zap fugitive slaves. So sOon as there
Is nothing more to demand as the con-
for this promise, they violated
1t was convenient to declare that =
Constitution was not a compact made his
the States, andthat they had promised mi
thlng and engaged themselves to moth IT.
by It, They discovered a higher -,
paramount to the Constitution, and :
lich, Ike a Papal Bull, sbsolved them
m honorable obligation, and war nill
ited them in keeping no faith with say
The Territories presented ano- mo
T question Of construction Of the Con- ray
They claimed the riobt ~ t
slavery from them, 50 as to make ceiN
any more slave States, and by bIi
IL own increase in numbers to enable Of /