The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-06-19
HOUSE OF REPRESENTATIVES.
TUESDAY, June Is, ls4l.

1oESpAhj JUNO lo4l
Mr.. CUSHING intended if he had had the oppor-
tunity, to say in contradiction Of the mpc alton of
silent acquiescence, alleged by Mr.. Rayner 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 Gas
Iepored) that if the House should establish Iule not
to receive any petition touching the ect of slavery
"the People of the Moth would be pso acto absoved
iom all obligation to obey anyca from Congress sup
port the South
Mr.. c. was, and always had been, opposed to the
adoption of such rule and had resisted it in all con-
stutonal 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 it seemed to him. the most
untenable of all the forms of notification. Whatever
may he pretended in any quarter to the effect of OPP
pressve unconstitutional of the entire Federal
Government surely no such act, committed by one
member OF the Government only, whether the Presi-
dent, the Senate, the House, could put an end to
the constitutional rights duties Of the States or of
the People of the Union.
In the remarks referred to, Mr. 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 to interfere
with the institutions of the South" and that in the
event of war; 1.-THE treaty-making power would come
to be equivalent to universal emancipation"
Mr.. g., on the contrary, did not think that Con-
gress had any power to touch slavery in either of the
States. Congress might well in his opinion, I'M
dertake to abolish the domestic relation of marriage in
one of the States as that of servitude in another.
Nor could the Federal Government, in his opinion
interfere with the institutions Of the South" save
only for their protection That Government might be
constitutionaly 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 it would be the duty of each and all of
the States themselves in behalf of any part of
the Union so endangered and Mr.. c. could not en-
terrain, thing possible, the idea that Congress
would be found recreant to this its high consttu
tional obligation.
As to the force of the treaty making power of the
Federal Government, under the Constitution, Mr.. c.
conceived that this power could never be constitution
ally used for the purpose Of derogating from the
served rights appertanng to any of the States Of
the Union; and of course that it could not be cons
utonaiy applied TO the emancipation Of the slaves Of
the south The eaty-makng power is but branch
Of the aggregate powers conceded by the States to the
federai government in which powers jurisdiction
over the domestic relations in the States is not COM
Prehended and the constitutional exercise of any
Oh these powers must always be controlled by the ge-
neral principle of the Constitution.
Mr " did not believe that there was any constitu-
n n question, concerning which opinion at the
Hoftn was more uniform better settled, than that
Congress had no Jurisdiction, actual or contingent,
over the domestic institutions of any of the States