Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-05-18


still greater masnitude2 If our prede'
cessors have violated the Fundamental
principles of the government--disre,
garded its mostsacrcd obliga,ions--pros
traied il faith--and assumed powers ne
yer delegated 10 them-does this confer
upon us the right OF further usurpaiions
II that be the case, then, truly, have we
discovered most convenient means OF
acquiring power; after which, man at
all times lusteth little too strongly.
Such a principle, however never can be
recognized by this enlightened Senate
The precedent referred to therefore, II
in point, l contend is destitute ofal au-
thority, because, as such, it would be
most palpably erroneous. But 1t Will
not, think, upon fair and candid ex-
animation, be found to warrant the argu-
melt that is attempted 10 be drawn
from ii.
shall endeavour to show, that the
parallel between those cases does not
run quite as far as seems TO have been
imagined by the gentleman from Mary
land, butthat there are striking diverities
in them, affording such ground Tor an
honest difference of opinion, at least, as
requires of a very moderate portion OF
common charity to believe, that gentle
men may support the one, and oppose the
vriror, vvi.t,vur iurv1itlouaf INJUSTICE or III
consistency.
The one, sir, is case decided up
wards of thirty-six years ago, by the
gentleman's own showing; confirmed
by repeated subsequent decisions; and
universally acquiesced in. The other is
a case purely res intesra, never before
acted upon, or even agitated. In sup
porting the former, we are, therefore,
fortified with the concurring sentiment OF
the nation, and the positive appreciation
of all our predecessors since the year
1898. In forbearing to adopt the latter,
we are equally supported by their exam
ple-and opinion too, sir, as far as it
can be inferred from their conduct.
And it would not, I think, be very
modest pretension, on cur own part, 10
claim for ourselves more wisdom to dis
Germ, Or virtue 10 execute onr duties,
than was possessed by SO many OF the
wises. heads, and best hearts, that ever
adorned any nation. Approaching the
advantages OF education, as they must
have done, and not less devoted to the
interests OF their respective states, chan
ourselves, had they considered those
cases as presenting equal claims upon
them, they never would have provided
for the one SO promptly, and have post
poned, and totally neglected the Other
so long. The gentleman from Mary
land, therefore, in his eloquent appeals
to the magnanimity of the members Of
Che new states, ought not toNforgct, that,
whatever of disapproba,ion is fairly due
TO their opposition, to the measure
which he presses with SO much ardour
and ability, equally applies to those
distinguished sages and patriots who
have retired from thc stage OF public &C
ton, with so much honor and glory or
whose souls have fed 10 another, and
better world, TO receive the rewards OF
he virtues they practised in this.
Sir, said Mr.. E. the great and lead
ing distinction between those cases is,
that the one had for its object the COM
mon benefit and advantage Of all the
a,atcs, in, their federal character. The
ether is Intended for the particular use
and benefit Of certain states in their
state character. The former was con-
formable to the powers and objects oil
federal legislation, ard consistent with
the siipulations of the United States,
with the states which ceded their lands,
and can only be justified upon such
grounds. The latter warranted by no
delegation Of authority whatever, either
expressed or implied, and would be in
direct contravention Of those s.ipula-
tons, and, therefore, cannot be sup
ported at ALL The one involved no
breach Of engagements with the public
creditors, since the pledge Of the pro-
ceeds of the sale of public lands imposed
no obligation to change mode Of dis
posing Of them, which had then been
FIVE years in operation. The other
would be most fragrant violation of the
faith of the United States, solemnly
pledged to those creditors.
The gentleman from Maryland con-
tends, that there has been no cotempo-
raneous construction to warrant dis
fiction between those cases. But, sir,
never, perhaps, was there a case in which
the evidences Of such construction
were stronger, or its authority entitled
to more respect, than is evinced by all
the circumstances attending the cessions
of our public landslide mode of dis
posing of them which was shortly after
wards adop,ed-and the constant adher-
ence to the same system, from that time,