Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-11-20

nBllSU mere, as lllDTG exists no written
Constitution, ii might, with some plausibili-
ty, be maintained that the courts had a right
TO bring all laws TO the test Ct those great
principles of common sense and common JUS
tice, in which all mankind are agreed, and
which form the only thing that can he called
a foundation for British law. But here we
have a specific. limited, written Constitution.
1t contains Nj the principles which the peo-
pie, the nation, have agreed shall form the
foundation Of our national law. The only
test, therefore, to which our coults have any
right to submit the action of the Legislature
is, to ask, is it constitutional if so, it is le-
gally binding on them-no matter how I'M
just or how unreasonable it is. Such is the
framework of Government under which we
live. The perpetual mistake or attempt TO
mislead, on this point, will, we hope, justify
this depression.
Section Sd is entitled, esprit of the Con-
s%titution, as attested by history and by emf
nent civilians and iurists."
We We aware that politicians had, ever
since the Revolution, done up a great deal
Of Anii-Slavery iaH but as no orc of the
''civilians or jurists'' of the country ever
dreamed that the Constitution was an Anti
Slavery instrument, or denied the existence
OF the pro-slavery clauses, known to be con-
tanned IN 1t, we We're, we confess, surprised,
though mindful of the b%esetting sin Of Yam
KEGS. when we arrived at this section. 1t
strikes us as the latest specimen of a drown
ing man catching at slraws.
Mr.. Goodell's next argument amounts to
this. There is nothing in the Constitution
forbidding Congress TO abolish slavery, there
fore, it possesses the power. The use of such
an argument struck us as extremely migrate
tul In him towards that very respectable body,
The amendments, the perversion of some of
which had done him such good service in Sc
curing for his book the only plausibility it
can boast. The 10th Article of the Amend
ments expressly declares that,
1.-THE powers not delegated TO the United
States by the Constitution, nor prohibited by
it to the States, are reServed to the States re-
spectively, or to the observation-disclosures,
Article X.
In the very teeth of this declaration, that
ouis is a limited Government, has no powers
but those granted to it-and that all not grant
ed are reserUed-Mr. Goodell discourses thus:
"The absence of any restriction upon the
Federal Government, of the ordinary. The uni
versal power of all civil Governments TO abol-
t ish the slavery existing within their terrific
! rial limits, is proof positive that no 'couiprc-
mise or guaranty in favor of slavery has
been made. We now add that this circum-
''hiNN Us I'OOi 'hht NV wv
vernment DOES possess power to abolish
slavery, and is bound to EXERCISE that
power."-p. l19.
'No one then questioned the legitimate
power of civil government in general, to abol-
ish slavery, and the exercise OF that power TO
that end was the rising fashion of the day, in
this country. Yet in forming a civil Go
vernment with supreme pyuers, no restriction
was even attempted TO he made, upon the
power of the Government in that dlrection.-
Of course, the power of the Government, in
that particular, is the same with that of other
Governments Up. lI3.
'The Federal Constitution contains no Inn
itaiiOns of the power of the Federal Govern
ment in the matter of slavery. That Govern
ment, therefore, retains all the power over
slavery that any other civil governments hold.
And consequently, even in the absence of such
specific provisions as those we have consi-
dered-it would still be true that the Federal
Government is amply competent TO abolish
slavery."-p. 1870.
"These delegations of power comprise a
full description of the essential powers of a
civil government and the establishment of
justice is declared TO be the end of the whole.
The general pOWers thus delegated TO the u
nited States, aside from speeyfc provisions, }
are sufficient for the abolition of slavery, UNI
less 1t can be shown (Which it cannot) that
such a particular exercise of power is prohiJi-
ted in the Constitution Up. 100.
} With such a specimen of construction,
| which considers powers as granted because
S they are not prohibited or even mentioned, it
= would be waste of time to contend. We be-
: lieve the National Government, as the parch-
= ment asserts, to have no powers but such as
. 80 --.-yJ - - - NJ - Al - II -
this has not been granted, but only implied
= in the nature of all other Governments, our
(; argument is at an end.
? Under such a Government as ours, express.
: ly declared to possess no powers but those
delegated, one might as rightfully exercise a
: power, expressly Forbidden in The Constitution,
| on the plea that it was necessarily implied in
:, the very nature of all civil government, as
3 claim one mol granted, on such a plea.
4 Shortly after, he stumbles on the following
D passage from the madison papers, relat
: ing to Article /, Section ,, of the Constitu-
ton =
: son motion of Mr.. Randolph, the word
4 'SerUitude' was struck out, and 'serUice' unani.
4 mously inserted-the former being thought
; to express the condition of slaves, and the
latter the obligation of free persons. Vol,
3, p. 1869.
And then Mr.. Goodell reasons thus =
: "We have the testimony of Mr.. Madison
. then, 10 The fact, that Mr.. Randolph and the
entire C0npentiOn, without a dissenting voice,
: determined to frame Article |. Section 2, in
; such a manner that it SHOULD NOT be
r understood TO express the condition of slaves,
but SHOULD be understood to 'express the
: obligation of FREE PERSONS
Observe how readily, in spite of his correct
: principle as to the Intentions of the trainers,
! our disputant catches at anything in contem-
poraneous Interpretation which seems to sus-
tain his side! II, however, he had stopped