The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-12

Of which is plainly expressed; nothing Is len 70
Implication. There Is no avenue here for the silent
march Of usurpation, under the plea-alike tho
P'sr OF the tyTaDt and the demagoeue-sIpedisney
The limit Of the roaty-making power is confined,
equally with the legislative and Judicial powers
ihey can none Of them transcend the express crea-
IONS OF the constitution itself And the ascertain
e' OF the extent Of each and every power, OF the
roiI.S SIent OF every article, is governed and con-
uohed by the same rule Of construction which
prevails with all other laws; and that rule is refer
the whole instrument P''' N "e
Happily the spirit and meaning of the constitu-
ton OF the United States is plainlv md synIc;,Iy
declared by portion Of the context
The powers not delegated to the United Stat. D., ,
constitution, prohibited by the States ave I
.4asHd@rHts Con. y. S. ~
Such Is the plain, and not 10 be misupprehsndsd
language Of the 10Th article OF the 10 nm.
constitution. his comprehensive article declared
the spirit and the meaning, and hxes impossible
boundaries to the limits Of the whole instrument
ana Of all the powers Of the federal government
created and existing under It's agency.
And now comes my second resolution
ht,olssS Ths. there exists power in this government
So%inaS .a,s sO aud the Of - cteal to The
power prince, state, OF sovereignty.
| Unless the language Of this resolution is true
ours Is no longer government OF limited powers,
or rather 1t never has been such.
|
| making power, there was planted a mystic and I'M
piled power, beyond the plain meaning the spps-
rent spirit, and the common understanding Of tho
instrument.
The reverse Of the principle contained in this
resolution asserts for the President and Senate dis
| creuonary powers, 70 which there are no bounds II
the President and Senate ALLEVIATE the soil Of tho
republic, and transfer the allegiance Of il citizens
what further s,ep Is necessary to the creation Of
desPotsm' know OF nonei for they involve the
very highest prerogatiyes Of unlimited monarchy.
This is not question OF boundaries. No such
question is raised by my resolutions. And the
counter resolutions Of the senator from South Caro-
lima are bat an evasion Of the real issue. We show
a title to Oregon; England shows none-assumeS
none To surrender portion Of our soil on such pre-
text, 10 to conceal the real motive Of action which
is, that England is powerful, and we weak. In
plain words, the motive must be dread Of England.
Sir, the doctrines TO which have Just adyerted
open a range which no eye at present can begin 10
compass. II we adopt for our guide the practice Of
other countries in making treaties, II we allow this
underlined range TO the aty-making power at this
point, must not at once admit its supremacy
elsewhere lthey possess this the hg hest attribute
Of earthly power, where Is the restriction upon their
control over the whole revenue system Of the eoun-
try by commercial treaties, fixing the rate Of i'm
portaiIon duieS IL is in 10 say that the con-
sltulion gives "COnress the right to "dy and CO.,
Leei duties posts &c, and that all "bs for revenue
shall originate in the House OF Representative"
grss" "ths right to dispos Of and make all nesd ru6s
and regulations respecting the territory and other prop
sriy Of the United States" &c. The term dispose"
here, il be easily shown, does not imply the
power To ALLEVIATE, but 1t 10 not necessary for my
present purpose should II even be conended 10 the
contrary, as merely wish to show that Congress"
and not the President and Senate is the constituted
guardian Of the territores-of the United States
II the power now claimed for the President and
Senate is admitted, you can at Zone fell swoop"
l.. IL
claim them. Upon the same principle, the treaty
making power surrender this District, should
England stir up some antiquaed claim. ! say upon
the principle for principles are in themselves
fixed and immsvable, and cannot be changed to suit
ever shifting opinions. Our title TO Oregon is sus
tanned by the concurrence Of history and Of evil
dence and il we now surrender il north Of the par
aIlel of 49o, il is the REIMBURSEMENT Of clear and
established right to territory large enough for an
empire. And this relinquishme-t is urged upon Us
for the sake Of peace.
Mr. President war is to be deplored; il is a great
calamity; but the warnings of history are false, its
many memorials but idle tales, if there is not far
greater calamity for nations-a purchased and dis
graceful peace, 'Bloated and enervated Chin is q
living witness Of the fact Modern Italy still grosns
under the curse inflicted upon her centuries ago by
feeble empire, whose tyranny she might have re-
sisted, but did not To this hour the ignoble de-
scendants of the most heroic the ancient world
ever saw, exhibit the degrading effects of cringing
submission. Alas! alas! for the endless train OF
woes which awaits the nation won from the asser-
ton Of her rights by the allurements Of luxury and
peace.
Upon the other hand, consecrated Marathon,
through the lapse etwenty-ye centuries, still bears
fresh witness TO the glory of the heroic Greeks,
who disdained purchased peace. Bunker Ill.,
Trenton, and Yorktown, are monuments on the
page of history, and on our own sacred soil of the
same noble resolution. And this whole land the
youngest and fairest daughter Of EARTH the favored
of God, is the enduring and eternal monument of
those who preferred resistance to submission and all
the pers Of a most unequal and deadly strife, to
the debasing pleasures of a purchased and there
fore ignominious peace.
But you must let us alone with our traffic! Stir
not, or our commerce is ruined! You had better
surrender Oregon than disturb our traffic!
Such is this day the language Of the descendants
of those who made that glorious choice. Let US
traffic! Traffic on, say, but do not barter away
your countrys territory, and her last her priceless
jewel--her honor. Do not traffic, as did the base
Judean who, for thirty pieces, sold "a pearl rsher
than all his tribe" Traffic on; but, for the love of
Heaven do not traffic in the allegiance Of freemen
and the freedom Of your fellow-citizens.
1t was the splendid language of famous Eng
lishman"I regard the legal liberty oftte meanes man
in Britain as much as my o'cn, and pouh detenda
toih the SAME zeal"
This noble sentiment should Of itself preserve the
writings Of it's author to all posterity. But if it be
good in an Englishman, how much dcarer should
It's application be to every American. Yet what
American can utter ii who would be willing to trans.
fer his fellowcitizens to the bondage of monarchs
rule cherish this lofty sentiment Of the patriotic
Engishrnan, and cherish it the more as conem-
plate s comprehensiveness. Is it regard for the
legal liberty Of the American citizen to transfer him
and his to the dominion and control of the English
monarchy Where is your warrant for cedng
away Ave degrees and half of Oregon Where is
your warrant for Withdrawing the egis of your con-
stitution and laws from any, even the meanest Of
your citizens, who may have fixed his habitation
on the most remote and steril point in all your do
minionss Is the senator from s. Carolina prepared
and willing to Nansfer any, even though it be the
poor pioneer, whose sinewy form first parts the
tangled forest to let in upon the eternal sotudes the
light Of day. from whose rude hut the first smoke
Of the pale face curs in the wderressi Shall free
dom's sabbath be no more for hima Far, far away
and lonely as he is, he has his domestic altar, and
before it God and freedom worshipped together
He has his household gods--the names his mother
taught him, perhaps in South Carolina, perhaps in