Indiana Republican, Volume 3, Number 123, Madison, Jefferson County, 17 April 1819 — Page 1

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r WHERE LIBERTY DWELLS, THERE IS MY COUNTRY. ft MADISON, (INDIANA) SATURDAY, APRIL 17, 18 19. VOL. 111. No. is

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PUBLISHED BY LODGE & AIUON, EVERY SATURDAY.

CONDITIONS. The "REPUBLICAN" will e J, iivered at the office for two Ji-ir.s per annum, paid in adwe ; if paid within two months a ;:r subscribing, it will be consi4 red in advance ; two dollars and jtV cents if paid within twelve f nibs ; and three dollars if not p-d until the year expires. T paper will be discontinued v-.ttl a! I arrearages are paid. h all cases a subscriber must j ve notice punctu illy at the end of t- vcar of his intention to dUconti.m or he will be held rvsponsi-V.-for another years subscription. Advertisements not exceeding a j-uare u ill be insetted three times f.r a uoliir; lender ones in proprtion, and if the number of insertions desired, are not specified, :K-v will be continued at the ex-f-.se of the advertiser until ordertl "7 All letters to the Editors r.uit be post paid. Tin and Sheet Iron MANUFACTORY. JAMES COCHRAN respecth'ly informs his friends and the public, that he has com. rr.cnced the above business on xr.vin street, next door to Thorn? Douhs's store. Hiving employed the best workmen, he will be enabled to sell by wholesale or retail on as cheap and as accommodating terms as iny house in the western coun. try. He has also received a supply of castings, from Pittsburgh with a variety of patent STGTES, cilculated to heat and cook together. He has also a general supply of japan ware, buttons, N. B. To wholesale countrv store keepers he will give every encouragement. Madison, April 10, 1 8 19. M Stop the Kunaway. Tim AND A HALF CENTS REWARD. Ranawav on the 6th inst. an apprentice to the printing business at this office, named ORIiV NEWTON, lie is about 16 years of age, five feet 2 or 3 inches high, light hair, fair complexion, blue eyes, heavy eye brows, has a very uncommon, pitiful look, hangs his head very much when spoken to, though he has a 1 11

great quantity of assurance. He had on when he absconded, a wool hat some little worn, a brown cloth coat and pantaloons, dark vest, coarse shoes, and some other clothes taken ith him not yet ascertained. He is expected to have gone to Vernon, Indiana. The above ivard will (on the delivery of &e boy to me) be paid half in cish, and the remainder in old Ppsr, but no thanks. All persons are forwarned against harbouring him under the penof the Uw. CoPELAND P. J. IaRION. pril Jo, 1 8 19.

Bank of the United State. plain usurpation, to which the Constitution gave no countenance. J 1 the Suprtme Court cf the Uni- These observations belong to the ted States, cause ; but they are not made unMcCulloch, Writ of error from der the impression that, were the vs. the Court of Ap- question entirely new, the law would The State oft peals of Mary- be found irrcconcileablc with the Maryland J land. constitution. The Chief Justice delivered the In discussing this question, the opinion of the Court : counsel for the Sute of Maryland In the case now to be determin- have deemed it of some imported, the defendant, a sovereign state, ance in the construction of the condenies the obligation cf a law enact- stitution, to consider that instrucd by the Legislature of the Union, mcnt not as emanating from the and the plainiiiF, on fais part, con- people, but as the act of sovereign

lestj me vanairy 01 an act wnicn mucpenueiu states, l ne powha been passed by the Legislature crs of the general government, it cf that state. The Constitution of has been said, are delegated bv the

our country, in its most interesting

and vital parts, is to be considered; eign, and must be exerdscd in subthe conflicting powers of the gov- ordination to the states, who alone crnment of the Union and of its possess supreme dominion, members, as marked in that con- It would be difficult to sustain stitution are to be discussed ; and this proposition. The convention an opinion given, which may cs- which framed this constitution was sentiallv influence the great opera- indeed elected Wy the state legislations of the government. No trj- tures. But the instrument, when bunal can approach such a question it came from their hands was a without a deep sense of its impor- mere proposal, without obligation tance, and of the awful responsi- or pretensions to it. It was reportbility involved in its decision. But ed to the tht n existing congress of it must be decided peacefully, or the United States, with a request remain a source of hostile legisla- that it might "be submitted to a tion, perhaps of hostility of a still Convention of Delegates, chosen more serious nature ; and if it is to in each state by the people, thereof, be so decided, bv this tribunal a- under the recommendation cf its lone can the decision be made. On legislature, "for their assent and rathe Supreme Court of the United tification." This mode of proccedStates has the Constitution of our ing was adopted ; and by the concoimtry devolved this important vention, by congress, and by the duty. state legislatures, the instrument The first question made in the was submitted to the people. They cause is. Has Congress -power to acted upon it in the only manner incorporate a Dank i in which they can act safely, elfccIt has been trulv said, that this tively and wisely on such a subject, can scarcely be considered as an by assembling in Convention. It open question, entirely unprejudi- is true, they as sembled in their ced by the former proceedings cf several states -and where else the nation respecting it. The prin- should they have assembled? No ciple row contested was introduced politicrd dreamer was ever wild at a very early period of our histo- enough to think of breaking down ry, has been recognized by many the lines which separate states, and successive legislatures, and has of compounding the American peobeen acted upon by the judicial pie into cne common mass. Of department, in cases of peculiar consequence, when they act they delicacv. as a law of undoubted cb- act in their states. But the mea-

ligation. It will not be denied, that a bold and daring usurpation might be resisted, after an acquiescence still longer and more complete than this. But it is conceived that a doubtful question, oneon which human reason may pause and the human judr1

ment be suspended, in the decision rectly from the people : is "ordainof which the great principles of li- ed and established" in the name of berty are not concerned, but the the people ; and is declared to be respective powers of those who are ordained " in order to form a mare equally the representatives of the perfect union, establish justice, enpeople, to be adjusted, if not put sure domestic tranquility, and scat rest by the practice of the cure the blessing of liberty to themgovernment, ought to receive a con- selves and to their posterity." The siderable impression from that prac- assent of the states in their sovcrtice. An exposition of the Con- cign capacity is implied in calling stitution, deliberately established a convention, and thus submitting bv legislative acts, on the faith of that instrument to the people. which an immense property has But the people were at perfect libeen advanced, ought not to be berty to accept or reject it ; and lightly disregarded. their act was final. It required not The power now contested was the affirmance, and could not be exercised by the first congress e- negatived, by the state governlectd under the present constitu- merits. The Constitution, when tion. The bill incorporating the thus adopted, was of complete obBank of the United States did not ligation, and bound the state sosteai upon an unsuspecting legisla- vereigntics. tare and pass unobserved. Its " It has been said, that the people principle was completely under- had already surrendered all their s'ood, and was opposed with equal powers to the state sovereignties, zeal and ability. After being re- and had nothing more to give. sisted first in the fair and open field But surely the question whether of debate, and afterwards in the they may resume and modify the executive cabinet, with as much powers granted to government does persevering talent as any measure not remain to be settled in this has ever experienced, and being country. Much more might the supported by arguments which legitimacy of the general governconvinced minds as pure and as in- ment be doubted, had it been cretelligent as this country can boast, ated by the states. The pow'ers it became a law. The original act delegated to the state sovereignties was permitted to expire, but a short were to be exercised bj themselves, experience of the embarrassments not by a distinct and independent to which the refusal to revive it ex- sovereignty, created by themselves. x posed the government, convinced To the formation of a league such those who were most prejudiced as was the confederation, the state against the measure of its necessi- sovereignties were ceruinly comtv, and induced the passage of thepetent. But vhen "in order to present law. It would require no form a more perfect union," it was ordinary share of intrepidity to as- deemed necessary to change this sen that a measure adopted under alliance into an effective governthese circumstances was a bold and ment, possessing great and sover

states, who alone are truly sover

sures they adopt do not, on that account, cease to be the measures of the people themselves, or be. come the measures cf the state governments. From these conventions the Constitution derives its whole authority. The government proceeds di-

eign power and acting directly on the people, the necessity of referring it to the people, and of deriving its power dirccdy from them, was felt and acknowledged by all. The government of the Union, then, whatever may be the influence of this fact on the case, is, emphatically and truly, a govern ment of the people; In form and in substance it emanates from them. Its powers are granted by them, and arc to be exercised directly on them, and for their benefit. The government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to require to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principal is now universally admitted. But the question respectiirg the extent of the powers actually granted, is perpetually arising, and will probably continue to arise as long as our system shall exist. In discussing these questions, the conflicting powers of the general and state governments must be brought into view, and the supremacy of their respective laws, when they are in opposition, must be setded. If any one proposition could command the universal assent of mankind, we might expect it would be this that the government of the Union, though limited in its powers, is supreme within its actions. This would seem to result necessarily from its nature. It is the government of all ; its powers are delegated by all ; it represents all, and acts for all. Though anyr one state may be willing to control its operations, no state is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason : the people have, in express terms, decided it, by say ing, " this constitution, and the laws of the United States, which shall be made in pursuance thereof, shall be tlie supreme law of the land," and by requiring that the members of the state legislatures, and the officers of the executive and judicial departments of the state, shall take the oath of fidelity to ir. The government of the United States, then, though limited in its powers, is supreme ; and its laws, when made in pursuance cf the constitution, form the supreme law of the land, " any thing in the constitution or laws of any utate to the contrary notwithstanding." Among the enumerated powers, we do not find that of establishing a bank or a corporation. But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers ; and requires that every thing granted 6hall be expressly and minutely described. Even the 10th amendment, which was framed for the purpose of quieting the excessive jealousies w hich had been excited, omits the word 14 expressly," and declares only that the powers unot delegated to the U. States, nor prohibited to the states, are reserved to the states or to the people thus leaving the question, whether the particular power which may become the subject of contest has been delegated to the one government, or prohibited to the other, to depend on a fair construction of the whole instrument. The men who drew and adopted this amendment had experienced the embarrassments resulting from the Insertion of this word in the articles of confederation, and probably omitted it to avoid those embarrassments. A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they

may be carried into execution, would partake of the prolixy of r L'gal code, and could scarcely be embraced by the human mind. I?, would probably never be understood by the public. Its nature, therefore, requires that only it great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves. That this idea was entertained by the framers of the American constitution, is not only to be inferred from the nature of the instrument, but from the language. Why else were some of the limitations, found in the ninth section of the first article, introduced? It is also, in some degree, warranted by their having omitted to use anv restrictive term which might prevent its receiving a fair and just interpretation. In considering this question, then, we must never for- : get that it is a constitution we are expounding. Although, among t!e enumerated powers of government, we do not find the word "bank" or "interpretation," we find the great powers to lay and collect taxes, to borrow money, to regulate commerce, to declare and conduct a war, and raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are intrusted to its government. It can never be pretended that these vast powers draw after them others of inferior importance, merely because they are inferior. Such an idea can never be advanced. But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends", must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution. It can never be their interest, and cannot be presumed to have been their intention to clog.anjl embarrass its execution by withholding the most appropriate means. Throughout this vast republic, from the St. Croix to the Gulf of Mexico, from the Atlantic to the Pacific, revenue is to be collected and expended, armies are to be marched and supported. The exigencies of the nation may require that the treasure raised in the north should be transported to the south that raised in the east conveyed to. the west, or that this order should be reversed. Is that construction of the constitution to be preferred which would render these operations difficult, hazardous, and expensive ( Can we adopt that construction, unless the words imperiously require it, which would impute to the framers of that instrument, when granting thest; powers for the public good, the intention of impeding their exercise by withholding a clioice of means ? If, indeed such be the mandate of the constitution, we have only to obey ; but that instrument does not profess to enumerate the means by which the powers it confers maybe executed, nor does it prohibit the creation of a corporation, if the existence of such a being be essen- 2 tial to the beneficial exercise of those powers. It is, then, the subject of fair enquiry, how. far such means may be employed. ' . It is not denied, that the powers given to the government pimply -the ordinary means of" exeedtioit, ' That, for example, of raising revenue and applying it to national purposes, is admitted to imply the power of conveying money from place to place, as the exigencies of the nation may require, and of employing the usual means of conveyance. But it is denied that the government has its choice of means; or that it may employ the raoac