Every evening, Wilmington daily commercial., 1906-06-22
wIIMMaroN. TRIDAY. IUNE p.
NiscEII1NEoUs REcoRD.
The pIylaIon Of Power.


The Division OF Power.
The tenth amendment TO the Consti-
tuition Of the United States reads as fol-
lows: "The powers not delegated TO the
United States by the Constitution, nor
prohibited by it to the States, are reserved
to the States respectively, or TO the
people"
This amendment, after full conadera-
tion and thorough controversy, was en-
acted for the purpose of defining the
powers Of the general government, under
the Constitution. The issue involved
as TO what powers should be exercised by
the general government and what should
be left 20 the States-was thoroughly
threshed out in the convention which
adopted the Constitution but later ex-
perionce showed that the action of that
convention did not entirely settle the
question. Powers were claimed for the
general government in addition 20 those
specifically set forth in the Constitution.
Then came the tenth amendment which
was supposed to settle the issue definitely
by conierring upon the States. or the
people all powers not specifically dele
gated to the general government by the
Constitution, nor prohibited by it to
the States.
In the course Of a recent speech in
the United States Senate in oppo-
sition TO bill TO incorporate the
Lake Erie and Ohio River Ship Canal,
Senator Augustus o. Bacon of Georgia
said:
] know, Mr.. President, that Il is now
the vogue TO look askance at any sugges-
--.tion that there is any function which
the Federal government should not per-
form, and 10 look with still more disiavor
upon the suggestion that there is any re-
manning function which ought 20 belong
90 State and 10 be exercised solely by n
state, and upon the exercise of which the
Federal government should not intrudo
And yet we are here as representatives of
States, and we of all officials in the govern
ment of the United States ought to be
jealous that the functions which do
properly belong TO a State should be oXer-
clsed by a State and not be usurped or
exercised by the general government *#*
The dual capacity of this government
Is its most distinctive and It's most Valuahl
feature and the larger the country grows.
the more numerous the States. the more
important becomes the preservation of
thatieatue because whore the general gov
eminent legslates Il legislates for the entire
country, and legislation which may suit
one part of the country does not suit
another, and for that reason, and ont of
II. grous the great demand and necessity
and Importance of local government for
local affairs, and the great Importance
that the Federal government should con-
hne itself TO the functions the necessity
Tor which called il into being.
Il is manifest that there is an increasing
tendency and practice TO dcvolve i'm great
degree upon the Federal government the
functions which have heretofore been
exercised by the States. There is scarcely
public need but that TO satisfy il In
some shape recourse is had to Congress
slonal or Executive action CunCpdinq
that much of this oncroachment Is due to
the increasing business of tho country and
the increasing intimacy Of the business
relations between the people of the diff
icrcnt states and cannot be avoided the
Tact oi such tendency i'm cases which can,
not well he resisted makes it an the more
important that the legitimate function.
OF the States should not be invaded on
iniunged upon in cases where no publi,
interest requires that Congress should
do so.
The particular bill which moved Mr.
Bacon 10 this dissertation on the power.
and duties OF the Federal and Stat,
governments received the active siipnori
OF men entirely disinterested and indis
posed 20 despon the individual States o
their powers or 10 relieve them of Their
duties. Undoubtedly their attitude To-
ward the measure was inspired bv IA,
most admirable motives Yet Mr. Bacor
was thoroughly justified In opposinr R
on the grounds he described and the con
citions which he mentioned are worthy ~
the serious consideration Of all lawmakers
In these brief remarks Senator Baoor
shows how clearly has been the trend o.
recent years-conspicuously since th,
close Of the Civil War when State,
Rights so far as they applied 70 secession
from the Union went down In over
whelming deieat-to assume for the gen
eral government powers not granted Q,
It by the Constitution nor prohibited Z,
the States. Indeed, there has been
gradual inclination towards the assump
ton by the general government Of power
hat not only are conferred upor
tit by the Constitution, but are b,
that instrument distinctly reserved I,
the States. This tendency is what wa
called Capitalization Of power in the dav
when statesmen and people remembers,
that there was such thing as the Con
stituiion and public measures wen
weighed according to the presumed ap
pieations and limitations Of that instr,
ment
But the inclination towards centralisa
tion ia far outstnpped by the inclination
70 paternahsm. This inclination md