Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-02-05
REHsAR1xS OF MIR. SEGAR.

In the House of Delegates of Virginia, rhik
the Aaii- Proriso Resolutions weye unde
consideration.
Mr.. Segar, after stating the interest taken bv hi
constituents in the subject matter of debate, ant
their expectation that he would, as well by argl
ment as by his vote, vindcate their rights and in
terests in the premises, declaredhe would approach
the solemn subject without the influence, as far a.
he could avoid it, Of party feeling. The question: he
SAL, rose lar above all considerations of party adj
vantage. 1t was great question of Magna Charta
OF first princlcs, OF guaranteed right. 1t might be
question of union d. of distlnion-the migIltest
gravest. most awful issue ever involved in human
affairs, or presented to the eyes of civilized man
If he should approach subject like this, with one
emotion Of party impulse, he would dishonor hin
self, and violate every trust and responsibility o
representative duty and moral proprety.
MIR. S. said that, after all, it was question Of
mere expediency whether we should take action in
the matter-and about this he wondered how men
could differ Shall we wait until the evil is upon
us Do we bring up the fire engine after the house
is burned down! DO we wait until the patient is
in the last agones of the death struggle before we
send for the physician? II a man designs to rob
me, or to beat me, ain wait until he ties me be-
fore resist. No, said Mr.. s., we must make the
resistance before the outrage is upon US. Mr. s.
said that incipient steps towards the invasion ofour
rights had already been taken A committee OF
Congress had been actually instructed to report a
bill applying tine provisions of the Wilmot Proyiso
to the new territories and another to abolish slave
~ and the save-trade in the District of Columbia
The evil was at our thresholds.
We asked 10 do n0ihing while every dav the
Northern States passing resolutions instructina
their delegates in Congress to vote for the WiImot
Pioviso in the new territories and EXPRESSING the
opinion that no new Slave States ought to be ad-
mitted into the Federal Union. Silence, under such
circumstances, would be the veriest impocy, and
slavish surrender Of all our Northern brethren de-
manled.
Our Representatives in Congress, said Mr.. S..
desire and ask action at our hands. They looked
with hope to Virginia. They were on the spot
at the very point Of danger-knew best what was
transpiring around them, and consequently under
stood well the necessity for acton, prompt firm
decided, unequivocal action; and we ought to &C.
cord to their views the utmost respect
We have, moreover, said Mr.. Segar, taken oul
position We planted ourselves in 1917 on certain
ground, on which all agreed to stand. To change
our position now, to adopt resolutions now less de-
clded and stringent than those we adopted then
would be retreat and backing out from position
deliberately ia zen. Such fact would not escape
the observation OF Northern sagacty and watchfnl
ness, and would operate an announcement tC
Northern invasion Of our rights, already sufficiently
INSCRIPTIONS to arouse our appfehensions and put
us upon the watch. For these reasons | cannot
support the resolutions offered by The gentleman
from Fauquier, Fairfax and Loudoun. They change
our position, make us acknowledge the iaseness of
our position, they do not march up to the crisis
and ask US to concedc the constitutional power OF
Congress 10 pass the Wilmot Provso, which the
South can never safely conccde and which for one
sud MIR. s., never will concede while life lasts
To give up that is 10 give up all. 1t is a prelimi.
nary s,o. an entering wed to the entire abolition
of slavery.
With respec' to the objection that the members
Of the present Lee islature had not been selected
with reference 10 &C. on upon this subject, Mr. s.
said, with all Difference 20 those who made it. there
was little in it. The Leigh lattre OF 1898 We're not
elected With any reference 10 The constitutional ac-
ton OF the federal government, yet they did act,
and they succeeded in giving eiciel cy to their
ton, for they succeeded in repeating tn obnoxious
Nhe alien and sedition) laws against W. ,ich their
action was directed.
1t is our clear right, then, and our obvious onty,
said MIR. s., to take action in this matter We ma,
not combine lhe best materials in the land There
IS much OF talent III Virginia that is not here
There are, doubtless, in the quiet walks of private
life, many sons of the Old Dominion who are a.
bier lar than the generality of the members of this
House, though there are few more so than some of
the gentlemen who have already taken part in this
debate; but SAID Mr., 5. such as we are limited as
our capacities may be, We ought to do our duty to
the best OF our ability; and, having done this, we
may take to ourselves the consolation administered
by the great moral bard OF England:
"Who does the best his circumstances allow.
Does well, acts nobly-Angels could no more.o
Mr.. S. next considered the constitutional oues
tion-iIas Congress the power to pass a law pro-
hlbitng citizens OF the Slave States from immi graf
Ing with their slaves to the new territories He
denied the existence of such power
Some have deduced the power from the assump
ton that Congress possesses general right Of leg
islation for the territories, and the opinions OF
Judges Kent and Story are referred to show that
this right is exclusive absolute, and universal If
any limitation was meant ii has not been stated or
defined Now, this doctrine leads to results the
most monstrous and absurd. 1t makes Congress SUI
preme In the territories, enables it to exercise
powers there which it cannot in the States or else
where-gves it powers indeed dNors the Constitu.
ton Under such rule, Congress might, in the
territories, pass an &c post flcfo law, or bill of at
taindcr, or make Or establish Religion The prop
osition needs but TO be announced to be r.pudated
Congress- has in fact no power, either in the States
or the territories. which is not either expressly
granted, or necessarily deducible from those which
are expressly given. 1t has been so expressly de-
cided ty the Supreme Court, though such decis.
ion We're matter of entire supererogation.
The gentleman from Fauquier derived it from
the power TO acquire territory. Congress, said he,
has the right TO acquire teriitoly-the RIGHT to ac
quire carries with il, necessarily, the power to 90
vern and to legislate Slavery is fit subject for
eglslallon-and there being 10 express limitation
in the Constitution or the power to legisate on the
subject Of slavery-thereore, Congress has all
power to legisate on this subject in the territories
The power OF Congress to legislate in the terri
tories is ADMITTEDLY but there are limitations on the
power which utterly forbid the passage OF the Will
mot Proviso There is no express prohibition, adj,
nit. But there are implied prohibitions, which are
Just as eectual TO restrain and limit the power of
Congress as the most positive. express restriction
Suppose Congress, for example, were to pass a law
giving away the territories Would such law
be constitutional? Certainly not; yet there is no
express provision prohibiting it. Or, suppose it
were to enact a law vesting in the Governor of a
Territory Legislative and judicial power, making
him Law-giver, Judge and Executives There i
no express provision of the Constitution saving tina
Congress shall net make such an enactment. Ye
II Wooll be fragrant violation of that instrument
IT would be concentration in one man of Execu
tive, Legislative and Judicial functions thin.
though not forbidden in express terms in the Con
stltuons IS, nevertheless, clearly prohibited by tina
fundamental maxim of all free governments, par
ticularly OF our own, which requires that the lie.
isiative, Executive and judicial Departments lha
be SEPARATE distinct and independent These il
Illustrations show that thing may be forbidden b
implication as well as by express RESTRICTION III
implied prohibitions upon Congress to enact III
! "a.