Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1889-08-01

! do not presume, nor is it within th
scope Of q paper like this. to enter q
length into the board field Of the dis
cussion Of its constisutionality.
In the frat place. the bill assume
the right Of ths General Governmen
to appropriate money TO the comnor
schools. and. at least by Implication
to legislats thereon, a matter hereto
fore regarded as one Of purely Stats
concern. Indeed. the fear has beer
widely expressed that it is but the
entering wedge TO the assumption o
their entire control by Congress. Now
The broed ground Of the oonstisution i
that tie general government is one d
specified and delegated powers. and
tha. al powers not specially parted
with by the States. were expressly re.
served TO themselves or 10 the people.
As the Constitution coptsins no direct
grant Of the power here claimed. it il
sought to include it in whst is known
as the general welfare cause "a
cloak assumed to be OF such unfortu.
nately indefinite measurement, that
the endeavor il always made to make
II adapt itself to every scheme for
which congressional sanction is in.
voksd. and constitutional justification
withheld. This clause recites (Art.
l. Sec. 8 that. Congress shall nave
the power to lay and collect taxes,
duties. imposts. and excuses, TO pay the
debts and provide for the general
welfare of the United States. Two
distinct schools Of opinion exist as to
the Interpretation Of those words; the
fret, that il confers upon Congress, in
addition to the enumerated powers,
the broad grant to appropriate money
otherwise than for the general well
fare. as may seem best TO its unlimited
and nnrestrained discretion-the old
doctrine, ] believe, Of Hamilton and
the Fedarslists. The second, that it
is not an enlarged grant of power. but
simply limiting Of the purposes of
taxation to the general welfare" as
distinguished from that Of local or
municipal character. Thus restricted.
the question narrows itself down to
or not constitutional warrant
can be found under the general vel.
fare clause for its passage. Did the
trainers of the Constitution confer
Upon Congress the power to appro.
pirate money to the purpose. and to
enact the restrictive legislation pro.
posed by the bill. or did they with.
hold it. as a part Of the vast residnum
zsalously retained to the st tates or to
the peoples Now, it will be remsm-
bered that at the time of the formation
of the Constitution, the fear Of imperi.
alism was dsep.seated and widely
expressed. The Colonists had Just
broken away, at the cost and sacrifice
ofthe eight.years war. from that cen.
tsalization Of power that taxed with.
out representation. consent or limit,
aud legislated without the safeguard Of
constitutional restraint. The States
were free and Independent sovereign.
ties. They watchfullp guarded their
autonomy, and they came into the
Union-some Of them so cautiously
and reluctantly that the friends of the
Constitution feared that it would fail
OF the requisite endorsement-in the
behalf that they were still sovereign,
imperium in imperio. Special powers
were delegated to the oonfsderacy,
but those most highly priced were
not yielded. Non-previous to the as
sambling of the constitutional conyen-
tion OF 1857, many of the States had
adopted their own constitutions, which
were in force when the work of that
body was done. The declarations of
many of these ancient state papers
on the subject, and the silence of the
organic law Of the nation. indicates
strongly TO me where the powers to
provide for the subjsct of education
was intended TO reside, as between the
States and the General Government.
Ii the States claimed it at that time,
and the Constitution afterwards de.
iegated it to Congress. then that in.
strument would. without doubt, have
asserted the transfer, or stated its
prohibition to the States. What, then,
Is the language of these documents
These express and explicit enactments
admit but one Interpretation. The
Constitution Of Georgia. adopted in
l777. provides:
THAT Schools shall be erected in
each County, and supported at the
general expense Of the State. as the
legislature hereafter shall provide.
That Of North Caroiiss. adopted in
l776;
THAT Schools shall be established