Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1815-01-12

1 - ~t%$tfefons ~ ~ Aad tDk btcn At4 purpose 10
take any part in the debate He had thought that
The reasoning of his hon friends was conclusive a.
gainst i upon constitutional grounds, and he had
| ssped, that the distress which would be carried
into domestic Ete, so eoquently described by the
TWO gentlemen from Massachusetts, (Messrs. Ward
and kingl would reach the heart of every mem
Der and compel him TO reject the provision. But
ne was wholly mistaken. If, said SIR q. any thing
could astonish me in this house, It would be the
Pertinacity with which tas offensive provision is
Pressed upon rs. The object TO be obtained is so
ex,rerneiy trihsng 70 render the ardoor Of pur-
suit As ridiculous as il is imrc!ltc. believe my
friend from N. H. has gone to the very extent OF
ne tact, when he has admitted. that you might
possibly 81 this provision gain accession OF ono
thousand to your armies. Under the present law
fnlrots eaaist. All that worthless description ri
young mea, who have received their education In
the tipping shops, and the brothels, now go into
Jour armies and nobody reclams them; because
the campis their proper element Beyond this
description, which you now have, ii you gain an
annual thousand, you win exceed, even your own
expectation --And for this paltry GAIN you are a.
bout to adopt principle, not only in the opinion of
many unconstitutional, but in practice, icopardiz-
ing the good order Of the community, violating
contracts, disturbing the sacred rights Of natural
affection, and all the fec1nes Of domestic life
My honorable friend from N. H. has characters.
ed the proceeding as folly. ! pronounce it as
measure combining strong characters of weakness
and violence, Of folly and rashness
Is it constitutional ! The provision is, that all
minors of every condition, may of their own mere
will, contract to serve in your armies, and thar
such contract shat be conclusive and 5sdinsBy the
laws of every state, the age Of minority is fixed
and no minor can make a valid and binding con-
| tract. Canyon abrogate this state law No Sir.
To do so, never delegated to you BY the states
or the people. All analogss from other govern.
| ment fail YOU Yours, is a government sovereign
| to be sure, but whose sovereignty il confined TO
particular subjects of legislation and is limited by
articles and sections You have power to lcsisate
upon no subjects, except such brought with
| IN your jurisdiction by the constitution.
Sir, in what article or section Of the constitution
do you find power, to enter the sanctuary OF So.
Getty and frame municipal laws for this people !!
where is your authority to give ability to the citi
zcns to make contracts, which ability is forbidden
by the municipal laws OF the states The ability to
contract is the creature OF municipal law. Its the
subject ofstate legislation. 1t is exclusively re-
served to the states as sovereign states And il is
direct subversion OF the very frame of our 60
yernnnent to usurp that power which exists not in
!. .sae constitution. Where viii you stop t-n you
can in defence of state law, declare that minor
| may make binding contract, can you not on the
| same principle, extend the time OF minority, and
declare that any contract by over the age Of
minority, as fixed by state laws, shaH NOT be bind
! ing J May you not interfere with any other SUBJ
ject of municipal law Why may you not new mo-
del the laws of descent, and declare that the bro
Their astranger shall inherit in preference to the
son / And Why not interfere with their remedial
laws and regulations Your principle bears you
through all these usurpations. Andif be correct,
you may you have the courage to attemptit, steal
away all the powers of the states and render their
so,ereignties, ridiculous phantoms. Sir. the at
tempt is usurpation, and must experience the same
fate with other usurpatons, with all arbitrary ef
forts to destroy the constitution.
| My friend from N. H. Mr. Webster, has said,
that If you canenlst apprentices in defiance of their
masters, you may also deliver the slave from his
servitude. Is he not literally correct Why may
| you not enlist the slave! Because by the NUM-
cipal laws of the states, he has not the power to
contract The same reason precisely forbids the
existing Of minors and apprentices. If you can
remove the incapacity from the latter, so you may
from the former. VIII you say that the master has
propertyin the service Of his slave l-How has
be that property, Solely by state law. BY the
same law, the master has property in the service
Of the apprentice, the father in the minority of his
son. And il you may abrogate the law and Violate
the property in the one case. you may do it IN the
other. Nor, is there any distinction arising from
the duties ofnatve allegiance. have already stat
| ed. that the sovereign powers of government in
/ this country, are divided. Part rest with the
states and part with the Union With the latter,
| rest those powers delegated in the constitution
/ al the remainder in the states, or the people
The natural allegiance OF the people 10 due 10 the
state sovereignties. And that allegiance only is
due to the federal government which is promised
BY the constitution. In that constitution the min-
or has promised no military duy, but that, which
is to be performed in the militia. In the militia he
may be forced into the service of the United States,
"to execute the laws, suppress insurrecton, and
repel invasion. Beyond this you cannot force
him into your service. Nor can you entice III m
| by aly contract, not sanctioned by his father,
/ guardian or master. ! viii not pursue the con-
stitutional objection TO this bill any farther.
| But your right to adopt this provision has bssh
| argued on precedent and the law of 1898 has
been cited Sir, could a thousand precedepts OF
| the violation of the constitution be produced in
! your statute book, they would have no weight
with me. These are not times to DC influenced
| by loose precedents which arose in the agitations
| of any period or by the opinions of others, per-
haps lightly formed and hastily expressed The
constitution is now daily fooled to the very top OF
! its bent. For purposes Of unhailowed conquest.
the Secretary of War, who seems to be at once