The State guard., 1848-08-22

 exert any p0wer, or exercise any privilege, which does not equally belong to the so- vereign State of Illinois. Sir, every as- pect in which this case is presented, es- tablishes the truth of what Mr. Madison declared in reference to it, that "passed without any color of constitutional authori- ty.
 But admit that, under the Articles of Confederation, Congress did have the power asserted over the territory then be- longing to the United States; surely that cannot be invoked as precedent to gov ern us, who legislate for other and differ. ent territory, acquired under q new and different constitution, which conlers upon us no such authority. It would not savor of greater absurdity to appeal to the legis- lation of the British Parliament to justify this threatened violation of the Constih. ton, than to that under the Government of the Confederation, which is long since dellnct.
 But, sir, is the Missouri act less excep- tionable, when urged as evidence that this alarming power over the territories exists !! The mere exercise of given power by Congress can in no case be adduced to prove that the power is conferred by the Constitution. You must not look to the act itself, but to the Constitution, to de- termine this question. If, on the contrary, the powers are'lorbdden,by the Constitu- ton and reserved to the States, to draw within the vorter of its authority every subject known to Federal or State lcgisla- ton. Sir, the as umpton here set up over this fearful question, and the process of reasoning adopted 10 sustain it, must fix the conviction on every thinking mind of the dangerous proclivity to centralization which has marked the history of the legis- lativc, more than any other branch of this Government, from ifs very loundation.- Tell not of the dangers of the "onc-man power 1" Much more do l tremble be- fore that irresponsible, oligarchical spirit, which, struggling into being under the specious pretext of carrying out the popu- lar will, would strike from our system its most conservative featurc--the veto power --and make of the President an auton1aton and tool. Because Congress has legis- lated upon ths subject, therefore Con- gress has the right to lcgislatc upon it 1! This, sir, is the mode resorted to establish the existence of this power, without ever referring to the Constitution, which con. tains the only evidence ot your power to act at all, or even of your right to occupy these seats. If we have not the original power to legislate upon this subject the right to do so cannot be inferred from the unauthorized assumption ot it by our predece ssors. As well might the robber attempt to justify his crimes, upon the plea that others had robbed before him. Eve. " reason which restraints Us now, must have born with equal force upon preceding Congresses. And if they, in the passage of any law, trampled the Constitution w,. der foot, that must have most pliant con. science, who can take shelter under had example ID violate hi, oath to support and dccnd il. It is but an aggravation of error 10 make one aggression the excuse of another; and no legislative act can be entitled 10 moments thought, which is not entrcnched by the guaraatics of con. stit,n.onal authority.
 Whatever of weight may be awarded 10 the Missouri Compromise act, by those who rely upon it as m evidence of cons grcssional power, it is only necessary to state, that it passed against the voice and wish of the South, and under its most solemn protest. The question of power has never been conceded. It was deni- ed then, it is denied now. It Is tr,ie, tho South acduiosced in it, although it crcum. scribed hef just rights under the Coniede- racy. But impute it not to her want of self-respcct, or just appreciation of what she was entitled toi noryet infer from it, sir, that she will submit to every extremity of injustice But rather regard it as a pregnant evidence of her devotion to that Union, which she cherishes with the hereditary attachment of those who ce- hiehted It with their blood fof whose altar she is ever ready with victim, when the sacrifice is needed to which she still clings with un.bated devotion, and from which she cannot be sediced or driven, until the brand Is raised to imprcss upon her fearless brow mark she never yet has borne, and which, by tho blessing of God, she never will bear-4the mark of dishonesty.
 But sir, did Congress have the power to pass the restrictive law of 1920, which is now appealed to, to justify further en- croachments by tho present Congress r. They, as vel as we, legislated under the present Constitution, and the question of their power is therefore settled by an cx. animation into our own.
 The first section of the lst article of the Constitution declares that "All lrgis- lative power herein granted shai, be yes ted in Congress of the United Staiates," &c. The tenth article ot the amend ncnts to the Constitution declares that
 "Ine powers not delegated to the Uni ted States by the Constitution, nor prohi- bited by it to the States, are reserved 10 the States respectively, or to the people,"
 Here We have chart to guide us, which no honest mind can tail to understand. Is this legislative power then graated in the Constitution In looking through this ;nsfr,r,anf # ,,,:ll ho c,,,,l tbot tho o,,l,