Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-05-09

constitution which imparts the power
to provide for the general welfare. !"
But / shall be far from considering this
Mr.. General Welfare, as the gentleman
from Kentucky, (Mr. Hardin has styled
thatprovision, great political scoundrcl.
No, sir, l shall look to him as my great
captain, my captain general, in the
march of my argument, and shall dis
card all arguments which are not pro-
motive of his interests. Nor shall /,
Mr. Chairman, as that gentleman, as
well as gentleman from Virginia, (Mr.
Smyth,) has done, complain Of and de-
nounce the propriety of being furnished
with the sentiments of the people,
through memorials, pamphlets, or reso-
lutions, as they may choose to commune
cate them, on this important subject.
No, sir, hold the right ofthe people to
assemble, and make known their wishes,
opinions, and feelings to their repre-
sentatives, in any decent manner which
they may choose to adopt, too sacred
either TO be abridged or discouraged by
treating the result of their inquiries with
entire neglect much less with entire
contempt. Sir, rejoice that live in a
country where the people have the right
of discussing all measures of govern
ment; and still more rejoice, that they
exercise that right. While they do ex-
ercise it, there may be some hope of
preserving the purity of our institutions.
Each man, by thus discussing those
measures, becomes more or less quail
fed to stand as centinel on the watch
tower OF the nation, to guard its liberties,
and, as he becomes qualified, bis wiling
ness increases to perform that holy duty.
| will be the last man to invade this
high prerogative.
l shall not, therefore, as those gentle
men have done, treat those pamphlets,
memorials, and resolutions with con-
tempt and severity, but with respect and
Difference reserying to myselfthe right,
however, of judging of the oonstitu-
tionaity of all measures for I do not
consider instructions, either Legislative
or popular, SO binding as to require the
representative to violate the constitution;
but they are certainly entitled to great
weight in deciding upon matters Of
policy.
But, sir, to proceed to the constitution.
The 9th section of the first article con-
tains the following provision:
"The migration or importation Of
such persons as any Of the states now ex-
listing shall think proper to admit, shall
not be prohibited by the Congress prior
to the year 1903 but tax or duty may
be imposed on such importation, not ex-
ceeding ten dollars for each person.
Gentlemen, in the opposition have
differed as to the objects to which those
two words emigration, and importa-
ton" apply. Some say they apply ex-
clusively to slaves, but contend they
were used as synonimous terms. Others
say that the power TO prohibit migration
is given in aid of the power to prohibit
importation. And others contend that
it is given to prohibit the migration of
free white persons, when the public &C.
curity may require it. From the Ian
guage of that clause of the constitution,
Mr.. Chairman, without any other evil
dencc of the intention of its trainers, /
think it must be apparent to every candid
mind, that they meant slaves, and slaves
only. For, although the existence, Of
slavery, in the nation required many
constitutional provisions in relation to
them, yet you will find that whenever
slaves are meant, the word persons is
invariably used in describing them.
But, it is said by the gentleman last up
(Mr. Hardin that the restriction as to
the time when Congress shall exercise
this right of prohibiting the importation
and migration of slaves, is a restriction
upon power, and no delegation of pow
err; and that the power of prohibiting
migration does not exist in Congress
even after the year 1903, the period
at which the restriction expired. What
sir, restriction upon power, when no
power exists to be restricted ! That no
power should exist in Congress to pro-
hibit the importation, or migration Cf,
slaves; and that the trainers of the
constitution, should still deem it neces-
sary to restrict the power of c ongress,
previous to the year 1908, is to my mind
attributing to that body the commission
of an absurdity, that, to ssy the least, ap-
pears in no other part CT that instrument
No, sir, the restriction upon any power
necessarily pre-sapposes the existence of
that power; and, although this clause of
the constitution does not contain adelega-
ton of power in express terms, it does,
by necessary and universal rule of con-
struction, admit its existence. 1t is sir,