The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-19
HOUSE OF REPRESENTATIVES,
TUESDAY, June Is, 1871.

Mr. CUSHING intended, if he had had the oppor
unty, TO say in contradiction of the implic ,ton of
silent acquiescence, alleged by Mr.. Rayncr, that he
did not agree with his colleague (Mr Adams) in the
sentiments avowed by Mr.. A. in the House on the 9th
OF June.
In those remarks Mr.. A. expressed the opinion CAS-
Ieported) that, If the House should establish rule not
to receive any petition touching the subject of slavery
the People of the Moth would be ipso fdcto absoved
from all obligation to obey anyca from Congress to sup
port the South
Mr. G.. was and always had been, opposed to the
adoption of such rule, and had resisted it in all
siitulional ways But he denied that the adoption of
it by the House could absolve the People of either of
the States, North South, from their constitutional
obligations, of whatever description. The position
that it had this effect was seemed TO him. the most
unenabe OF all the forms Of notification Whatever
may be pretended in any quarter TO the effect of OPP
pressve or unconstitutional acts of the entire Federal
Government surely no such act, committed by one
member OF the Government only, whether the Pres
dent, the Senate, or the House, could put end to
the constitutional rights duties of the States of
the People of the Union.
In the remarks referred TO- MIR A also reiterated an
opinion previously expressed by him. that in certain
supposed contingencies, either Of servile instruction
of war Congress would have the right 10 interfere
with the institutions of the South - and that in the
event OF awar, THE treaty making power would come
10 be equivalent to universal emancipation
Mr.. ~, on the contrary, did not think that Con
gress had any power to touch slavery in either of the
States ~ ngrcss might as well In his opinion, un-
derake TO abolish the domestic relation Of marriage in
one of the States as that of scrvitude in another.
Nor could the Federal Government in his opinion
" interfere with the institutions of the South save
only for their projections. That Governmentmight be
consfiiutonay called upon to defend and MAINTAIN
the peace and safety Of one of the States,
whether endangered by instruction or by war; in
which case 1t would be the duty Of each and all Of
the States exert themselves in behalfof any part of
the U mon endangered; and Mr.. G. could not
terrain, thing possible, the idea that Congress
would be found ecreant to this its high constu
tional obligation.
As to the force Of the tTeaty-moklng power of the
Federal Government under the Constitution, Mr. &.
conceived that this power could never be constitution
ally used for the purpose Of derogatlng from the re-
served rights appcrtainng to any one of the States OF
the mon and of course that II could not be constr
tutonally applied to the emancipation of the slaves Of
the South The treaty -makng power bot branch
OF the aggregate powers conceded by the States TO the
Federal Go,ernment in which powers jurisdiction
over the domestic relations in the States not com
pretended aud the constitutional of any one
OF these powers must always be controlled by tue &c
neral principle of the Constitution,
Mr.. Z did not believe that there was any constiiu-
tonal question: concerning which opinion at the
North was more uniform better settled than that
Congress had no jurisdiction actual or contingent
the domestic institutions of any of the States