The Madisonian. (Canton, Miss.) 1850-1855, 1850-04-25

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states are the cestni, gue rusts. Mexi,
20 transferred to the United States, and
rot to the government Of tbs United
States. If this government received
III the Gnthority in New Mexico and
California that Mexico parted with, il
Is an absolute despotism--for / believe
tiswell understood that Mexico has
I government without Limitation iol
1 powers. The gentlemen referred tc
said, :" Mexico. conId have abolished
slavery either in New Mexico OF Cali.
tatnia. Who will deny that e. All
ie said further, that as none Of the pro
hibitions upon the Poweraof Gongre
contained IN the consultations restrain
The exercise Of the power Of Congress
~ the subject of slavery, the powers
| # Mexico prior to the cession." This
is trust, the first time, and hope il
will be the last, that a foreign nation
will be looked to as the source Of the
powers Of this government; or that It
wlliabe pretended that this government
has all the powers which the constltu
tion does not deny it. This is an as.
sumption in the very teeth Of the con.
7titution, which declares that Congress
has no powers but those granted to it
That ! may do the gentleman no inius-
tice, will make one other extractfrom
his speech, which is as follows.
"With regard TO the treaty making
power, all who have had occasion to ex.
anime into its character. and into the
possible extent into which it may be
carried. know that it Is unlimited in its
nature, except 80 far as any limitations
may be found within the consultation
Of the United States; but upon thissub,
iject. there is no limitation which pre-
scribes the extent to which hthe power
shall be exercised" 9'H'i "A'o Il 'st9
Here IS again the distinct averment
that as the constitution has not with
held power from Congress, that conse-
quently it has the power which was
not withheld. This is The most latitu-
dinarian construction Of the cOnstitu-
tion that Ihave ever met with--and
against which enter my solemn pro-
lest, And will refer to the 10th ar,i,
Gle of the amendments to The constitu.
ton, which declares that Congress has
none but granted powers. 1850
Mr.. Chairman, will conclude this
branch Of the argument by calling the
attention Of the committee to the sup.
position that 1t had been proposed in the
convention thai framed the constitution
and recommended tito the people Of
the States for adoption, that no slave
territory should ever be acquired under
it, and that no slave State shOad ever
enter the Union; and that the ten miles
square authorized to- be purchased as
the seat of government should be used
asa hotshouse in which to force the
growth Of abolition; and that the clause
in reference to fugitive slaves was in.
serted in fraud, and would not be exc
cuted; and that the on-slaveholding
States, by the action of their Iogisla-
lures, would make it dead letter. L
ask, sit, if such propositions had been
made III the convention, or submitted
To the States, would they have received
one single southern votel or would
| the constitution have been adopted
Then, sir, If the constitution could not
have been adopted containing such pro-
visions, is it not palpable that no such
provisions were IN it at the time Of its
aoplion2 ! know no better way of
ascertaining what wise men have done
than-to ascertain what they intended to
do. The intention Of the parties to a
treaty, covenant, or other contract, is
always an important matter to be ascer-
tanned in view Of obtaining right con-
struction Of the instrument. The inS
teption Of The legislator is always looked
to ia the construction Of law when
doubt arises as to the true construction.
Now, SIR, let US subject the claims OF
the North to the test. and they cannot
stand one moment. We all know that
the constitution never could have ex-
listed containing such provisions; and,
Notwithstanding this, there are men
here, and elsewhere who claim this
power for the Federal government -
Nothing can equal the absurdiy ofthis
claim but lis gross and paIpable ipjds-
tice. Yes, sir, even admitting the con-
stitutional power to be in Congress to
do what / fear will be done, the act
would be no better than highway rob.
berry. And i have heard nothing said
in its vim iCation, either here orr else
where, except a certain fashionable cant
about all men being born free and equal,
andthe powerof najorlties. Nov, sir.
4 have great respect foruthe action ct
snch majorities as are prescribed by
laws and constitutions, but had rather
have any other king than king numbers,
. N