The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-31

NoRsoLx, MAY al, 1850.

~ the innmlues OF age VIII permit me to do 60 Lei me
begin tins reply BY assuring that apology was me-
cessary for any communication you may choose make
70 me at any tune, especially in regard 10 any question
that you may think Of public importance regret 10 be
compelled 70 say however, that my years, and the secu-
sion In which live, keep me very far behind the times
TO the facts which every statesman should always
keep - view when called upon TO act Or even . express
still retain strong prediction for politics science
and not unireqqeniIy review the theories formed, in
sonally. indeed. compare the conclusions 70 which
these theories lead with those that announced
the opinions of Others and when they do not concur,
take Il for granted that facts unknown TO
the disturbing which the discrepancy ought tobe
referred.
But there is one class Of political questions concerning
man in his cabinet ought TO dsagree mean questions
involving the construction OF the constitution These
and ever must be mere distractions Whether be
guilty of specified crime, is entitled TO some
property which he claims. may involve facts Of great
practical importance 70 the parties but the nature Of
s w Which he
distractions, that will remain equally certain whether
be guilty not guilty. the claim Of be affirmed o.
that any particular power is conferred by upon any de-
partmen Of the government and the question whether
the granted power ought to De exercised becomes ques
ton OF expedency to be decided BY practical statesmen
according to the circumstances OF each particular
But admit that the constitution does not concede such
power and the question OF exPedency can never arise
tons presented by the report Of the COMMITTEES OF Thir
teen suggesting the plan Of compromise. have
seen that report exfenso and have too little know
edge Of many Of the facts to which necessarily
refer to justify in forming any opinion as to these
facts But 80 far as the subject involves the construc
ton OF the constitution far as presents question Of
constitutional law apart from any inquiry to the ex
pediency OF the proposed compromise, have carefully
examined it, and have formed very decided opinion
This opinion is that the constitution does not confer upon
Congress any authority TO enlarge contract its grants
Of power, BY any concessions compromises or other
means.
Although can readily conceive the expediency and
proprety OF adjusting questions OF interest BY compro
mises and in many other nodes freely acknowledge
that have never yet been able 70 how ues
especially by those endowed with fdpciary powers only.
II is supposed that the results of compromise Of
visions Of the constitution ITSELF then the compromise is
in truth an amendment OF the constution--an amend
ment Of this instrument too, by those to whom has pos
vely denied the power OF making any amendment what
ever And If the compromise has such an effect but is
regarded legislative act, which, like all other
such acts, 10 repealable at the will OF the majority then
pone troublesome subject until the majority, by OF
this very compromise shall acquire sufficient strength to
enforce some other and to them better bargain In the
il 10 gross assumption OF power not granted
but denied and In the other, il would be perpetual
abandonment Of important rights in consideration OF
supposed security OF comparatively uncomfortable IN
terests. The Missouri compromise furnishes strong IL
luatraton of this truth.
There many other serious objections to the plan Of
the proposed compromise if understand it rightly
these There s one however strong In itself to
render such an enumeration unnecessary think. i
would be palpable violation of the public faith pledged
TO Texas the time OF her admission into the Union, if
it proposes strip her, without her consent, OF large
portion OF territory admitted TO be hers, in order to exc
out the promised consideration to the South and il
her previous consent to such ACKNOWLEDGMENT be re-.
CURED the time and mode of giving it left Texas
So that the contemplated compromise while il is to be
executed at once far il Injuries the South is left
contingent and executoy far the South may hope
to derive any benefit from il hereafter.
Entertaining these opinions, could never yield my
assent 10 the proposed compromise, whatever might
think of its expedency and policy | am well aware.
however, that the notions OF absraconist will
have any influence upon public opinion. IN regard 70
questions supposed 10 involve great public interests All
feel, although but few and with the mass,
the impulses Of the passing hour will override the
while. for my own merely continue to build
my own I" chateau Espagne," IL is with such
vction of the nutility Of the work. that have long
ceased 70 trouble anybody else with an explanation OF is
An ardent friend oil the union Of the States and at one
time sincere believer 10 the efficacy Of the federal
of citizens long since discovered that neither the
the other OF these objects could be attained BY
any mere paper guarantees. Unwilling however, 10
the hope that the dveres existing in the social organ
ization OF the different States would bind the minority
gether by the strong cement OF similar interests and
would enable II resist successfully any important
croachment upon IFS equal rights that the majority would
certainly attempt But when fanafcism reared is head
among a. no human eagacity can measure us force
lost all confidence in my former calculations and
now convinced that although this under
temporary notifications OF il, effected by construction
compromises and concessions will last beyond the shou
space OF the life OF very old man, the next generation
| will surely witness its humiliation
In the Old World, in the New. political power s al
ways stealing from the many to the few There is this
difference, however in the two There, the many
/ who are despoled but small portion OF the whole
while here, Il is the whole who robbed for the bene
| ft OF numerous interested majority. You. SIR, are
young enough Witness probably many OF The results
OF such transition. In It's first stage, Il will exhibit
| the simple government OF unchecked majority, ac-
know lodging restraint upon its absolute willof
majority procaiming that there is law higher than the
constitution they have sworn TO support OF which higher
\ Law they the only true expositors But my paper
1 warns me TO bring this dull pressing to an end
These, sir, the deliberate opinions OF an old man.
with whom time has long since extinguished all interest
Il in the practical administration OF public affairs They
are given you only because you nave requested them
and pray you to excuse the very awkward manner IN
which they are expressed. But write with great diff
Guilty, and should delay my reply to your letter too long
remain very respectfully your mos, obedent. humble
4 servant
Hon H. s. FooTE, OF the Senate Of the United States
WASHINGTON, May 30, 1850
Mr. DEAR aR Your very gracious response 70 my
recent letter asking your opinion OF the plan OF ADJUST
i mrnf lately reported TO the Senate by the special
Committee OF Thirteen has been for several days before
me and should have Acknowledged At much earlier