The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-04-06

that under the powers given Congress declare and
armies Tor the defence OF the nation Congress might certain
contingencies consuonay exercise jurisdiction slavery
IT, moreover the slave trade be part of the institution of slave
y as 1t is termed IN the resolution the position of the resou
ton is manlesty unsound for intelligent doubt tina
Congress has jurisdiction of that trade under an express gran
of power in the constitution 1t is that the government
the United States government of limited powers in so much
that it confined to the of the powers expressly
to by the constitution but many of the powers granted
to as unlimited as the powers OF any government right
fully be What limit is there, for instance, the powers
the general government the District of Columbia EXCEPT
those natural and necessary limits which restrict and govern
legislation? No restriction, to its legislation the Dis
c of Columbia could in point of fact be constuonay placed
upon Congress- much the power the District Civ
Congress by the constitutions exercise exclusive egs
aon in all whatsoever But being that Congress
exercise power that expressly granted in the
stuon, must follow that if Congress prohibited by the
suon from doing certain things any attempt do those things
is equally violation of that instrument assumption
power not granted therein Thus, Congress being prohibited
from making any law abridgng the freedom OF speech
the press the right of the people peaceaby assemble and
petition the government for redress of grievances Congress
do any act which abrdges the freedom Of speech of the
nfnges the right of petition in its fullest extent that act is
equally violation of the constitution assumption of uris-
dcon it have by the constitutions the institution
of slavery" in the several This view of the subject seems
entirely have been overlooked by the supporters of the
going resolutions who in their hot haste" preserve nvo-
late the constitution far slavery is concerned hesaed
ampe with needless heel upon other provisions of that in
sument of the vital character the interests and
mty Of free Institutions
The resolution simply that petitions for the abo-
on OF slavery and the slave trade part of plan of opera
tons set foot to abolish slavery in the This of itself
would require comment but taken connection with the
cedng resolution the argument this FORM Congress
has jurisdiction the institution of slavery in the several
states of the Unon but the petitions for the abolition of slave
and the slave trade designed effect the abolition of a-
very the stateseroe for Congress receive upon
and grant the prayer of the petitioners would be exercise
rsdcon the institution of slavery in the several
more ferfec aacy cannot be imagined is nothing
less than saying that for Congress- for good exercise
powers expressly granted the petition of those who had form
plan to effect that which Congress had jurisdiction
would be jurisdiction where had never before By
this uyng process arrive at the sage conclusion that the
exercise of constitutional jurisdiction becomes assumption
of jurisdiction when that exercise accordance with the wish
es of those who aim at accomplishing that which the body
acting has not jurisdiction In this way moreover we have
furnished to hand rule of determining the constu
onay of every law passed by Congress- which
there but to oe Who ask e sT
those who pass governed by good Soud conSt
taona notices. The NOTICE Of the petitioner the aw-n,a
kerr the test of conutonaly and the bringing of the
law and its provisions within the powers conferred by the Con-
stuton The aacy through the third of the fore
going resolutions which, it has any force ALL is an asse-
ton oil the doctrine that Congress cannot constuonay
else constitutional power the passage of law which may
operate incidentally indirectly effect that which Congress
cannot constutonaly effect by direct legislative action and
that therefore, Congress abolish slavery the district
Columbia, although by the constitution possesses that power
those members who advocate and for its passage do
with the knowledge and wish that its indirect and incidental
effects, may operate to exnguish slavery in the To
what absurdes will this species of reasoning lead ado-
ted in relation to other quesons slight analysis will show
The first branch of the resolution the broad doctrine
that Congress has right do that indirectly which can
do directly" Ifhis proposition be in relation one
power of the constitution is true in relation all others. Let
test it.
Congress has power by the constitution to cause the lives
Of individuals to be summary taken without due process
law; but is necessarily attended with great sacrifice of
human life without process of aw-Merore Congress has no
right war; raise support armies and maintain navy
Acknowledgements has power by the constitution enact
laws expressly to increase lessen the value of any pro-
perry but to change the standard of value of the gold and sill
coin OF the country increases lessons the value of what
each may possesserere Congress has right reg
ulate the ralte Of money!
The unsoundness of the position gh be illustrated by in
stances without number necessary but apparent
upon the slightest investigations require further notice.
But the second branch of the resolution puts the question up
somewhat different footing. asserts, in substance that
Congress cannot ghuy pass law although the exercise
of its acknowledged powers, those who ask for the
law, do it with vev of accomplishing that which Congress
could constutonay effect by direct Legislative action Thus
Congress has power by the constitution pass laws d.
recy comforting bounty upon domestic manufactures or in
any way directly protect them by legislation from the effects of
foreign competition,
But Congress has power TO levy and collect duties and i'm
posts upon foreign merchandise and the tariff law of 1928 lay
ing very high duties foreign fabrics imported into this
try advocated and passed NTH riac to afford the
facturers of this country protection from foreign competitions
Therefore, Congress had constitutional right pass the
tariff law of 1928!
This was the reasoning of the NuIiRers of 1882. With
them the ove which governed the advocates that law and
the rieo with which passed. decided the question Of its
constluonay instead of the provisions of the law compared
with those of the constitution. But what the reply of Pres
den Jackson to the doctrine in his celebrated proclamation