Mexico weekly ledger., 1877-05-10

no implied power can be exercised
But where the article contains s me
enumerated powers and some exc pt-
ed powers, the exceptions from Ehe
power granted must mark its extdlt,
for it would be useless as well as ab-
surd to except from a power tat
which was not granted-or that which
the words of the grant could not col-
pfehend. If then, there are plain
ceptlons from any power in the c
stltutlon, or plain inhibitions t.
exercise Of a power in part.
way, it is a proof that those who
these exceptions and prescribeG
tJnmbltlOnS unUCTSuU0rr H.. -
which they applied as being gre
This last rule is given by Chief
tice Marshall in the case of Gil
VS.. Ogden, 9 Wheaton l.
The Constitution must he 50 -
strued rs to carry out the avowed
ject Of the Constitution, or in OF
words no construction Of give
power ought to be allowed which
would plainly defeat or impair its OBJ
ject, more especially when the object
is expressly avowed in the instrument
or clause itself. For illustration the
preamble of our Constitution says:
1--WE the people Of the United States
in order to form Il more perfect union.
&c, do ordain and establish this Con-
stitution for the United States of
America. The object Is expressly
declared to be, ''to form n more per-
feet uniOn.' and we can very readily
see that the great and fundamental
purpose would he undermined and
subvertcd were We TO allow such a
construction as would allow a State to
scccdc at pleasure. 1t is true that
each State entered into the union vol
UNFAIRLY and of its own free yolition,
bat it does not follow that they Gan
Withdraw from the union voluntarily,
for whenever State enters into the
union it comes in under the condi-
tions the Constitution imposes and in
the manner it prescribes, and assumes
certain obligations which must be
obeycd.
The marriage relation is entered
into voluntarily by the parties marry
ing, but they enter into that relation
in the manner the law prcscribes and
under the conditions and obligations
the law imposes, and these limitations
and obligations cannot be disregarded
or the rs!aii4Ab 5liPibta sfisFfia by fiaaw The Same
is true of the State entering the union,
and rs the marriage relation IL pre-
sumed to he for the life of the parties
marrying. so is the union of the
States presumed to be for the life OF
each State, and as a State can never
die the union must he presumed to he
perpetual and this being one of the
express objects of the Constitution no
construction ought to he allowed
which would plainly mar or destroy
this perpetuity.
Sd. What powers did the States
surrender to the national control?
This is a question that admits OF
but one answer according to the last
theory mentioned Of the formation OF
our government. If the national
! Constitution is the creature of the
States, which view we maintain, of the
! aggregated people of the States exist
ing at the time Of its formation, they
have surrendered only those powers
! to the national government which arc
expressly mentioned in the Constitu-
ton. But on the other hand if the
national government owes its exist.
ence to a revolution and the States are
the creatures Of this government, ,ther
the States have not surrendered any
power to the national government, fol
the simple reason that creature can
give no power to its creator. Ii this
theory of our government was cor
rect one the national government
would not only have all those powcr
enumerated, but would have ali othe
powers reasonably incident to thos'
enumerated by necessary lmpllca
ton. But going back to the origina
formation of our national government
we find as matter of history THU teei
Sft2af"St Sf2af StnesseS agt55VsrnmSeentsH Formed an,
ratified our present Constitution AM
have continued their present forms o
government to the present day with
out being created anew oy this newl,
formed government. Thus we Sc,
that the Constitution derives all it
power from the States. These power
are clearl y defined in the Constitution
and all the powers not voluntarily
given up by the States remain in anC
with them. But it does not follow
from this that the general government
is deprived of the incident means
necessary to carry into effective ope
ration the power thus given, for gov
ernment in itself presnpposes con
tinual mutability in its own operation
on those who are its subjects ,and those
means are clearly incident which arr
necessary to give the granted power
effect. But it has been held thai
where the means for the exercise of q
granted power are given, no other or
different means can be used or implied
as being more effective or convenient.