Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1874-07-10

legislatures to actupon. Already the as
sumptions Of power by Congress have
gone far to make the Government one of
unlimited power. 1t has under the plea
of reconstruction brought to destruction
what little of property the war left in the
Southerni States. 1t has forced, and con-
tinues to force on the country miserable
financial system, which is but a monetary
thermometer in the hands of the Secretary
Of the Treasury, to rise and fall according
to his pleasure or the inconsistent and
visionary legislation of Congress-thus
making the Treasury Department, which
was organized for the purpose of manag-
ing the money of the United States, a gen
eral regulator of the business of the whole
country. 1t has chung most pertinacious
ly to powers which it was allowed to as
sumo during the war until constitutional
limits are sneered at, and States rights
obliterated, and now the Government is
beset with schemes for internal improve
ments, postal telegraphs and savings banks,
education, transportation, regulation of
the elections, and last but not least, the
suppression of the freedom of the press
In addition to this catalogue is the law we
are just discussing.
All of these subjects are clearly outside
of any power originally delegated to the
National Government and therefore are
among the powers reserved to the States.
But it is claimed that Congress has this
power under the 18th, 18th and 18th
amendments. This is not SO. 1t was never
intended by these amendments that Con
gress should legislate, directly on the indi-
vidual, but only as heretofore through the
State as States. 1t can with as much pro-
priety be claimed that, by the declaration
that No State shall pass any law impair
ing the obligation of contracts" Congress
should by direct legislation assume the
entire regulation of the whole law relating
to contracts WITHIN the States Clearly if
the Federal law can operate on the indi-
vidual the State law cannot. Both gov
ernments cannot operate at the same time
in the same sphere of action All this is
so clear on principle that any other con-
struction would lead to Capitalization of
power utterly destructive of constitutional
liberty, and more dangerous to the per
petuation of the Union, as our farthers
formed it, than secession itself.
The Supreme Court, in 1872, in the
slaughter house" cases, from which we
have already quoted, in condemning the
claim that Congress had the power to con-
troll the police prerogatiyes of State, ut
tiers most emphatic protest, which is
equally applicable to the subject we have
been discussing, and with an extract from
which we will be content to close this ar
ticle. The court, after characterizing the
issues involved as being the most momen-
tous ever presented in any case tried before
it, in speaking of the powers of Congress
to legislate directly on these matters, says,
the consequences are SO serious, so far
reaching and pervading so great depar
ture from the structure and spirit of our
institutions, when the effect is to fetter
and degrade the State governments by
subjecting them to the control of Congress
in the exercise of powers, therefore, uni
versally conceded to them, of the most or
binary and fundamental character, when
in fact it changes the whole theory of the
State and Federal governments to each
other, and Of both these governments TO
the people"