Mexico weekly ledger., 1877-05-10

the government. This governmeh
only pointed out the weakness 0
itself, and when the present Conshtu
ton was framed, additional power wa
given by the States to supply thos'
deficiencies. But there is nothing il
this new grant Of power to show tha
the States merged into the nation
without distinction or surrendered any
more power than that which was ex.
prcssly enumerated but on the other
hand the Constitution recognizes the
States as separate governments. The
Constitution is to be regard as limi-
tation upon the Legislative depart
ment; but it is to be regarded as 4
at merits OF aeaRs aoe f at athaF cdhsragt eat
can only legislate upon those subjects
which are expressly enumerated in
the grant and when no means are pro-
vided in the Constitution, as to the
time and manner law shall take eff
feet it is at liberty to Use those ;tddi-
tiOnal means necessary to give their
beneficial and effective
operation. But the power of the e,-
ccutive and judiciary are granted
powers, that is they are not only con-
fined to thc exercise Of that power
granted but they are further restrict,
ed as ID the mode Of exercising it.
The national Constitution is the crca.
ture Of tire States and it follows in 9
natural order of sequence that all the
powers which were originally eXer.
cised by the States and have not
since been delegated to the general
government still remain i'm the States.
When the States formed the COnSti-
tuition they placed themselves i'll sub
to it and now they are
restricted from exercising any power
which Is prohibited by the national
Constitution or is plainly repugnant &c
it. Whenever a question arises con
stitutionaity is tested, If the power
III question be exercised by. the gen
eral government we look to the Con
stitution itself and see whether the
power exercised is expressly enumcr-
atcd; bat is a power is exercised by Z
State in accordance with its own Con
stitution and its contrariet, to the ma
tionaI Constitution, and if it pl:dTIy
that the power 1exereisedsis il
not prohibited by or repugnant to the
Constitution it becomes 4
SglH Jaw. .speatfinl.@1o tfil.1o1t''!' y : oi'9''t1t'op y
DC bond .encircling all the State.
aud at the same time,h has its genera
laws permeating all the States in uni
form paths, holding them in thci
places and at the same time drawing
a revenue for its own support. Tht
States on the other hand may he sal,
to be emporium in imperio, they
have their own constitutions complet,
in themselves and have full and com
pletc control over the local affairs o
the State with no power over the ma
tional government except as it is eN,
erciscd by their representatives
These representatives are the onl,
Obstacles in the way of making twt
separate governments. They are as
were the strings which bind the Stat
and nation into one government, Ono
one government cxattly.) but tin
means hy which the two government
are prevented from being Independent
one by the other. The question now
ariseswhich is the sovereign power tha
which exercised by the nation or tina
which is exercised by the State? Thi
q,Iestion has caused much useless dis
ctlssion; but from the very nature o
the case thcre can be no indcpcndcn
sovereignty in either. The powers o
each government are exercised in dii
ferent spheres. From the vcryse xis
tence OF . national and State govern
ments the necessity arises FOR havin:
two sets of agcIts for exercising them
these powers and the governm't whic
is to exercise them can be formed
only in the instrument itself. Blu
while neither c onstitution, state andna
tional, and the powers exerciseduHle
them possess no Independent sover
n;;rnt,- fhn.r -,,as- 18th I,o ,a;I 30 Il
independent in theirrespective sphere
and when exercised legitimatciy ar
sovereign. The experience of tn
American people in dealing with on
complex system of government has
taught them that the great mass c
legislation andgovernmentm must be ex
ercised by the States and the problem
now before the country is not the cxac
relation, not which power is sovereign
but the limit of each power and how
to give the States all the power ncces
sary to carry on the local government
without weakening the national gov
erhinent. Then. too large cities ar
springing up in all parts of our coun
try and the States see the necessity.o %
giving them separate governments 70
the more imnediate control over th
local affairs Of the city, and it Is be
coming an exceedingly nice, and in
teresting question as to the eAexac
amount of authority that can be givel
them without initiating against ant
coming in contact with State govern
ments. The analogy, however be
tween the State and city relation an(