Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-10-02
sssRaiTE..- Vol. %, NO. IS

- 4
SO all sovereign powers-for exam
pie, the power of taxation and Il
power to make warfare absolute
their nature and if they be confe
red upon a government without lin
ltation, then the extent to whic
they may be exercised is who'll
within the discretion of the govern
ment. And we must always distir
gulsh between the existence of
power and the expedienoy of its OK
ereise.
| Could the people, in forming
government, clearly see and acour
ately estimate all the necessities ant
perils OF the future, then, indeed,
constitution might be devised whic
would entrust nothing to the discre
ton of those called to administer it
and rules might be prescribed TO de
termine the precise extent TO whicl
every delegated power might be ex
ercised. But it being impossible 81
to read the future, it is unavoidable,
that every weil-devised system oil
government should leave to its de.
partments and officers wide discre
ton in this particular. For example
could it be forseen what wars The
nation might be engaged in, anc
what forces it might necessary tC
raise, and to what extent it might bt
necessary to exercise force, then the
war power might be precisely regu.
lated, and every campaign of our
armies might be prescribed in the
constitution. But, in the absence OF
such fore-knowledge, our fathers, in
framing our government, deemed il
necessary-and recent events have
indicated their wisdom-to clothe
the General Government with the
power to raise armies and make war,
without prescribing the limits with
In which the power might be exer-
cised so that, with a single excep-
ton, and that of trifling Importance
the billeting of solders-the Unit
ed States possess the same unlimite d
powers, in this respect. as are poss-
essed by Great Britain, Russia, Tur-
key, or the most absolute despotism
to be found on earth. Congress
may put our entire population, men,
women, and children, into the field
and command the last dollar of the
peoples wealth. Nothing short of
this absolute power would enable
the Government to contend with
possible perils, and so the power was
granted without limitation.
In this country sovereignty re-
sides with the people. They have
delegated certain sovereign powers
to the State governments, and cer>
tain other sovereign powers they
have conferred upon the General
Government aud every such power
conferred upon either government
TO the same extent that it may be
exercised by an absolute despotism,
except as the power is limited, or its
exercise regulated by constitutions
of The respective governments. The
constitutional doctrine is, that the
State governments possess oil the
powers, legislative, judicial, and ex~
ecutive, which belong to any inde-
pendent nation on earth, except as
restricted by State constitutions and
and qualified by the Constitution of
the United States but that the
United States posses no bowers ex-
cept those which are conferred upon
them 5y the Constitution of the
United States. Therefore, any ex-
ercise of legislative power by State
is valid, unless prohibited by the
State or Federal Constitution. No
exercise of legislative power by the
United States is valid, unless war;
rant for it can be found in the Con.
stitution of the United States. But,
where the Constitution of the Unit
ed State has conferred the power in
terms unlimited-or, in other words,
has conferred the power, and has not
expressly prescribed regulations for
its exercise-such power is as abso-
Lutte as the power of Great Britain or
Russia over the same subject. For
instance, legislative control over the
Territories being conceded to reside
in the General Government, the
courts have said that, in that field,
the General Government possesses
all the powers which in New York,
for example, are divided between the
governments of the State and the
Union-that is, all the power not
expressly forbidden by the Constitu-
ton of the United States.
Sc the power conferred upon Con-
gress, by the constitution, "to regu
late commerce with foreign nations,
and among the several States, and
with the Indian tribes" save as it il
limited in the constitution itself, is ar
absolute power Of regulation; as ab
solute as the power possessed by TIT
most despstic government over it
internal and external commerce. Ii
exercising this power, Congress ma,
prescribe rules comprehensive or par
ticular, wise or foolish, just or unjust
rules which viii encourage or discour
age commerce rules that will benefi
or injure the people. All these con
siderations relate to the expedi
ency of particular regulation, but d.
not affect the power to make it.
It must be regarded as settled
that the power of Congress, unde
this provision Of Constitution, is un
limited and absolute, except in par
ticulars where the exercise Of th
power is regulated by other provie
ion of the Constitution. Congress j
forbidden, by article l., section 0, Q
the Constitution, to lay tax or dut
on articles exported from any State
and from giving preference to tn
ports of one State over those of an
other; nor can vessels bound to c
from one State be obliged to ente
clear, or pay duties in another. An
private property can not be taken I
build canal, railroad, wharf, doc
or pier demanded by the necessiti'