The New York herald., 1876-01-22

of course has no pertinence as reply to
him. Whatever his opinion may be, that OF
the World is an example of loose thinking.
1t contends that if the other grants do not
limit the power of raising and appropriat-
ing money solely to their specific objects
those specific enumerations are mere
surplusage. This argument discloses an
utterly inadequate conception Of the nature
and scope of the constitution. The govern
ment possesses vast range of powers which
result from the very fact that it is the gov
ernment of an independent nation
serts that the United States of
America, ''as free and independent States,
have full power to levy war, conclude
peace, contract alliances, establish COM
merce, and to do all other acts and things
which independent States may of right do. 4
Without any constitution Cfor there was no
federal constitution then), and without any
thing in the charter of any one of the colonies
comforting particle of such authority, the
United States became clothed with all
these great powers by the mere fact
of their independence, or their ability and
determination ''to assume among the Powers
of the earth that separate and equal station
to which the laws of nature and natures God
entitle them" Those powers were not con-
ferred by the declaration, but resulted from
the nature of independent govern
ments. Neither are they conferred by
the constitution, but only recognized
by it. 1t is not from the enumerated grants
of the constitution, but from the principle
of national sovereignty, that the law of ma
tions is part Of the law of the land and is
administered in the federal courts. Interna-
tional law is neither the creation of the con-
stitution nor of Congress, but pro-
ceeds from an authority outside of
and transcending both; and yet it is
as binding on all our courts as the constitu-
ton itself 1t is absurd, therefore, to main
tain that the grants enumerated in the con-
stitution are the sole sources of the power Of
the government.
Some of the enumerations in the constitu-
ton relate merely to the distribution of
power among the several departments of the
government. The power to declare
war, for example. results from the
very fact that we are an independent
Power, but this does not decide whether it
shall be exercised by the executive or the
Legislative department The constitution
deviates from English usage and lodges this
power in Congress- There are other specific
enumerations which do not confer power,
but merely distribute powers which are in
herent in the government from the very fact
that the United States are an Independent
Power among the nations of the earth.
AS to the Worlds citations, they are either
false or represent opinions which the best
thinkers have rejected. Jefferson is correctly
quoted but his arguments did not convince
the solid judgment of Washington, who signed
the bill which jefferson on that occasion tried
to induce him to veto. Marshall Kent
and Webster, to whom the World refers with
an intrepidity which took no counsel of dis
cretion, .are indeed great authorities; but,
unfortunately for the World, they happen to
be authorities on the other side, as we could
prove by ample citations if it were necessary.