The New York herald., 1870-06-19
y Cen scrip. MA 96 B Paul pf..... Sax = seN
Ere............ 24As 20 wabash. 69js 69X
Reading. lWtsa lW ONO Miss. al az
Lake HhCre.... 1904 100H BoS, HnrtSErie. 6hA 81
Pittsburg..... ll0A llOH z, h Cent?. 92h 22x
North western. Sz1ia 641
THE LIMITS AND SPHERE OF GOVERNMENT.
Another Letter from Victoria G. Woodruff
Polificni History.

declares that ''The enumeration in the constitution
OF certain rights shall not be construed to deny or
disparage Others retained by the people"
ART. X.-"The powers not delegated TO the United
States by the constitution, nor prohibited by 1t, to
the States are reserved to the States respectively or
TO the people'
SECTION OF article ". OF the constitution says.
"Full faith and credit shall be given in each State to
the public acts, records judicial proceedings OF
every other State. And the Congress may by gen.
erai laws prescribe the manner In which such acts,
&c., shall be proved, and the effect thereof.n
SEC. 2.-''The citizens OF each State shall be en-
titled to all privileges and immunties OF citizens Of
the several States.n
SEC. 8, /. .rhat Congress shall have power to
provide the general welfare OF the United States
which last is tantamount to saying the general wei
fare Of the people as whole.
1t seems from these quotations, made in inverse
order that 1t the intention OF the trainers OF the
constitution to make such provisions as would per-
| NIT and compel harmonious action throughout the
States, but that subsequently 1t became part OF
| party policy TO maintain that the States had rights
reserved, and while not defining what these were to
declare tnat such as were not distinctly and posi-
lively delegated constituted this reservation. Under
this Interpretation Is possible for difficult
| ties to arise between the general government and
the States as they have. 1t seems from the general
the original constitution that these amend
| mentS are nuRat0ry because the inference 10 pc
drawn from them Is inconsistent Herewith. one OF
| the most prominent as well as the first declaration
| is TO the enecl that nothing shall exist in any
| State injurious to the general welfare OF the whole.
While Is within the scope OF Congress to determine
| what IS for or against the general welfare Of the
| whole no State can set up It's rights against such
Judgment. When II is further made the duty Of the
| United States to guarantee republican form OK
government every State, and to protect each State
In such against all Others, there can be no limit set
upon the general powers OF Congress.
| The only fault-lf fault II may be cal!ed-in the
| original constitution lies IN tnlS- tilaL Wnlc the
power to do is vested IN the United States, 1t Is not
duty is TO be inferred by the vesture Of the power
In failing to exercise this power IN It's fullest sense
and TO perform this inferred duty lies the Of
all the disturbances within the limits OF the country
| We can now proceed 10 The consideration OF what
duties Congress is invested with the power topper to per-
| being exercised, would contribute 10 the general
welfare of the people and thereby promote The pub
lie good 1t Will also be considered whether tnere
are any additional powers Congress should possess
which can DC conferred. ana which the constitution
Grafton VIII proceed without regard being given to
separating what comes within the limits already
possessed from THAI which should be conferred.
First III importance because Of general applica-
tion stand tue common laws OF lhe country. Oi
these 1t Is asserted, with the utmost dIrectness ana
force. tnat when general condition is to De pro-.
yideu Tor country 1t should be the sphere OF
It's government 10 make the same law ap2ica os a
shall, at ali times and places within us limits, Dc
subject 10 the same controlling and guiding rule.
There should be no sucn possibility as an Indiana
divorce under Indiana law, differing so much from
those OF other states as not to be recognizable by
them. There should be only United states divorces,
| under general law that could not DE questioned
anywhere, and by winch the parties TO II should
stand III same relations 10 each otner IN wlat
ev er part Of 1t they might chance to be- also In such
reatlOns to every one mat they may renarry With
out becoming aDle 10 the charge VI Digalny.
Wllnin the last lew years many states have found
it necessary so reconstruct their general systems
OF law as to cut on all special legislation. This
course eminenty judcious In every respect IL can
be viewed and has proved excellent IN practice, by
relieving legislation and procuring uniformity.
] hts tS n Il
cerned, why should not the application be made
general for the Emitted states, Win prospect OF pro-
poruOnal benefit? All people would then be subject
TO the same rule or action ana responsibility. 10
i.lustrate:-A state has general law under which
iolnt stock and other companies can DecOue lncOr.
p0rate. Before rn!s each proposed company was
obliged to make direct application to the state gov
ernnent for act OI Incorporation. AIter IL any
proposed organization could become incorporated
by conforming 70 .ne regulations prescribed M and
by the Legislature direct NO one having knowledge
OF the tedious processes OF legislation Will question
the advantage OF tins general law both rs regards
legislation and the people. This admitted, 1t must
be Iuriher admIteo that the advantage would be still
greater were this general law OF the United States
applying III every State, instead of mere
state law with the probabilities that each State
having II would provide different steps ana reguia-
UOns SO that person familiar with That OF one state
finds knows nothing OF 1t III the State he removes
! or or less force to every braiic1 OF ieglsatlon
Especially Is it pointed regarding the Criminal Code,
for here very great distinction exists III the several
the same i'll any TWO States; while some have abol.
lsned taking OF life for life, Others still mprson
for debt Wncn shows degree OF divergence en-
trely incompatible IN country that processes unity
OF purpose and practce In civil practce 1t Is utterly
impossible for the most studOus and profound uilst
to ACQUIRE ana retain accurate knowledge or it III
a small proportion OF me States. Every lawyer
can testify to the difficulties he encounters at every
turn wnen the laws OF another State nave any bear.
ing in the case he is engaged upon some States re-
unlre tnat deeds executed In another State ior pro-
8 perty within Itself snail be acknowledged before u
notary, while another requires commissioner or
| deeds: and still another the certificate OF some
| the notary duly
pointed, &c The difficulties that arise from this
condition Of things are OF slcn , maghitude mag nl
never experienced Them; nor can they be adequately
presented In the ated space OF this article 1t Is,
however held to be apparent that II general bank
rupt and election law is to be preferred to thrysiN
different ones, genera laws upon all other subjects
are also preferable 1t is logical conclusion thai
..the pubic wearen would be promoted II Congress
o should pass general laws for the whole country TO
l. cover all and causes that are general 10 the
whole country, leaving lor the States sucn legsa.
ton only as mas no application outside their lndi-
ltis not surprising that well instructed jurlsts OF
foreign countries nave no faith In our existence as
consolidated nation. They argue that It 1t is
sources of dscord and differences. "a house divided
q against Itself cannot stand" they hold to equally
i apply TO nations. II this has stood thus long aud
prOspered 1t 10y means follows that II Will always
stand and prospect but the inference Is tnat sectional
interests will be the OF continual disturbances
and revolutions until some great sectional luterest
3 shall become powerful enough to separate itsell
It's power successfully. In view Of that con:
sideration should tne attention OF Congress be
called 10 the fact that 1t is Its inferred duty, al
least to enact all laws That Will promote the public
welfare? And TO this end 1t should inquire how the
pubic welfare Is suffering from the negect thus far
! practised, mat the remedy may be applied.
II 1t is found that its power under the consttu.
tlon TO remedy such evils is doubtful amendment:
granting it should be at once proposed and sub
nitted Whatever opposition there might be on the
part of present state Legislatures and officials the
a people will welcome any measure looking to the era
dcauon OF the cause OF internal agitation II can
8 not be that patriotism IS to pass away enurely
though il appears be nearly submerged by the rs
ing tide OF individual selhishness. Let 1t arouse
itself and consider whether there be not room fol
exercise IN the direction Indicated and whether 1t Il
not be tier prevent disaster than to repair dam
Z ages. The example OF Louis Napoleon Is an excel
lent one 10 follow. Nor shoudpatriotism be blinded
2 by the mere name OF freedom and justice
sounded 80 Loudly TO cover the deformltie'
praclsed under their shelter. In many drec