The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1891-06-23
GENERAL VESTS VIEWS.


Bills Constitutional ?--The
Veteran Mississippian
Argues that they Are.
A Critical ReUieoU Of Matters NoW Be-
ing Agjtated-
In response to a resolution of the
Marshall county Miss.) Alliance and
Industrial Union, requesting him to
prepare for publications. such journals
friendly to the Alliance as desired to
publish it. an answer to the interrOga-
tory, "Are the LandlOan and Sub
Treasury bills constitutional, and of a
nature to subserve the great purposes
| of the government Gen. A. NJ. West
has prepared the letter which we take
from the AppedlAUdt0nche:
THE LETTER.
Both of these measures are intended
to serve the same general purpose, that
of relieving agriculture of it's financial
embarrassments and a general distress
inflicted by thOughtless and lmprudent
legislation.
The cardinal principles Of both bills
are primarily those Of protection to a
great fundamental industry against the
~exigencies of a condition of absolute I'M
proftableness and pecuniary embar-
rassment; and incidentally to provide
a more flexible currency, one that will
adapt itself to the needs of a varying
currency demand usually prevailing
in agricultural districts.
Are these bills constitutional? If
the policy of protection as pursued
since the early history of the govern
ment, whether applied to labor or the
products of labor, is constitutional,
| these measures are certainly. 1t is true
the Constitution does not provide in
expressed terms for the exercise of
such powers by the government, but
there are implied powers and powers
Of a general nature upon which many
of the important details of government
| administration are based.
THE POWER OF CONGRESS.
The Constitution declares that Con-
gress shall have power to "make all
laws which may be necessary and
proper for carrying out the foregoing
powers, and all other powers vested by
the Constitution in the Government of
the United States" The foregoing
powers" referred to embrace all the
powers expressed in the Constitution.
And the phrase "all other powers
| NCSUSu LII Ul1S SOIlSUIUUULO4 VI LIZ NV
eminent of the United States" evil
IDENTIFY refers to powers unexpressed
and underlined, such as pertain to and
are deducable from the general powers
and purposes of the government, the
exercise of which is not imperatively
enjoined but largely left to the discre-
ton of Congress. No n will deny
the existence Of these incidental and
implied powers. Different rules may
be applied for their extraction, and
different views entertained as to their
proper application, but all concur in
the conclusion that they necessarily
exist. All law and government was
devised to restrain human instincts,
both as they may affect man subject
lively and effectively. Those instincts
in kind and degree with the subject as
well as the occasion of their excitement,
are constantly demonstrating their
presence inthe midst of human society,
by attacking it's peaceable forms and
customs. Such assaults may be local
or general, of frequent or seldom repe-
titiOn. They may develop n phase
today, another tomorrow. Onerule or
custom of civil polity may be violated,
others scrupulously observed. Besides,
human affairs are exceedingly transi-
tory; evolution is the law of nature it's
forces r constantly at work changing
old conditions into new ones, organic
ing and d~isOrganizing boththe material
and immatial element.
wHERE THE NECESSITY AROSE.
How impossible, then, in creating a
constitution, to fOresee every difficulty
that might arise in fitting the law to
the matter and the occasion. Out of
such evident disability arose the neces-
sity Of vesting in Congress a wide dis
erection in the choice of means and
methods of execution of it's expressed
powers. That the trainers of the law
were actuated by such prudential
reasoning is clearly shown in the enact
ment of the general welfare clause,
wherein full scope is given the exercise
of such discretion, and though used to
cover a multitude of questionable acts,
has been made to serve some of the
most salutary ends of the government.
The Sub-Treasury and Land-Loan
bills are fair types of protection meas
ures. But whether the power to pro-
tect is expressed or implied, it has been
exercised more or less and in some
form throughout the entire history of
the government. Ithas been the policy,
whether constitutional or not, tninvoke
government aid not only in 81 port of
important general industries but to re-
lieve embarrassments, often temporary
in their nature, and affecting interests
more or less Individual and local.
Manufactures have been specially
aided. They have been protected
against foreign competition and given
a practical monopoly of our domestic
trade. Taxes have been levied on all
other callings, trades and professions
in the effort to magnify and diversity
their field of operation. Commerce,
too, has been favored by the govern
ment at different times. Millions have