The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-05

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t1ininR what was necsssary aud proper to carry
Into elEect these granted powers--he night
think. have presumed that the Senate OF the
United States under BOD that perfectly we'll.
| The whole difficulty with II senator and HE
school u.s. they undertake ~ say what the granted
powers and what is and IS not necessary to
larry int fleet the granted powers; and II all
Others 40 not agree with them, why, they are
consoldatonists, Fcderalists, or Wings, precipl-
tating the country into ruin. Sir, they dispose
ofall precedents, and deny their authority what
is precedent! A precedent Is the deliberate
| judgment of court or deliberative body upon
question which arises before that court OF that
body. 1t is the opinion OF the court or body
upon the subject-matter which is pending before
| it. 1t il therefore always entitled TO respect F;
and he WHO sets aside presidents, or rejects them
ull, says, in substance, am wiser than the men
who have pronounced these opinions or estab-
Iished these precedents therefore, feel no re-
spect for them. Sir, during the last week !
heard senator, who believe is not now in his
place, reject in one general mass all precedents,
and Immediately afterwards be shielded himself
behind the opinions of the illustrious and Ia
mented senator from South Carolina, Mr.. Cal
houn, which he thought were superior to all
other opinions and all other presidents. Sir, SO
it Is with the whole school They tell you that
the Supreme Court of the United States knew
nothing about the Constituton-that Congress
has been violating it from the year 1903 down.
If they can fluid an opinion Of the lamented in
dividual to whom have referred Mr.. Calhoun
sanctioning their opinion, it is worth all the pre-
cedents and all the opinions of the Washingtons
Jeffersons, Madisons, Monr0es. and all the other
Presidents of the United States.
Now, Mr.. President, the learned senator over
the way has contended that there Is no power in
the government of the United States to pass the
Fugitive slave law. Well, sir, it is one amongst
the most remarkable features Of the times that
there are certain condolences between opposite
extremes in this body and in the country. The
honorable senator from South Carolina { Mr.,
RHErT,l who, | believe. holds extreme doc
trines upon the subject Of slavery and who con-
siders it blessing, and the honorable senator
| from Ohio, Mr.. CHASE, who holds directly the
opposite doctrines, and considers it the greatest
curse--both of these gentlemen have united in
expressing the opinion that there is no power in
the Congress Of the United States to pass the
Fugitive slave bill; that We have been wrong
that Washington and all of us, from the com
mencement of the government down to the pre-
sent time, and the Supreme Court Of the United
States were wrong; the Congress of 1893 was
wrong, and the colleague of the honorable sena-
tor from South Carolina, Mr.. BUTLER,1 who, I
believe. introduced this bill, wrong the senator
from Virginia Mr. Mason wrong. Well, Mr..
President, how does the matter stand? The
senator from South Carolina T Mr.. RHErT,1 and
the senator from Ohio Mr. CHAsE,] persus the
Supreme Court of the United States, the Con-
gress Of 1893, the Congress of $780, and all the
other members of the Senate and House of
Representatives, who have never doubted at all
upon the power of Congress to pass this law
Sir where there is SO much weight in both scales
-one occupied by the two senators to whom /
have referred, and the other occupied by the
whole country-almost every enlightened man
in it who has spoken upon this subject, occupy
ing the other scale--it is very difficult for an
humble individual to say certainly which prepon-
derates.
Sir, will be allowed, trust, to make few
remarks upon the Constitution of the United
States upon this subject, and upon the doctrines
which have been denounced by the honorable
senator from South Carolina, Mr. RHETT. He
says the more you limit the Constitution, the
more you add strength to it. suppose if YOU
take away all the powers whatever from the
| government in this process of limitation, you
would make the Union stronger if no power was
exerted and the more you stretch the Consti-
tuition, the more you increase the danger TO the
perpetuity OF the Union. But, sir, it is a de-
cided question, stretching the powers of the
Constitution and limiting them. What man.
mortal, falibe, erring man-can get up here in
his place, and say the Constitution means so and
so, and all others who give it different inter-
probation are traitors, or consolidationists, or
Wings or Federalists, or fools-it might be
added to the other enumeration, or fools. Now,
sir, have never heard a man get up and talk
about his being Statc-rights man emphatically
and exclusively, per Sc, Simon PURE never
heard such man when did not feel those emo
tons which Junius describes when he saw
Scotchman smile. Laughter
But, sir, there are two schools of State rights
men. There is one of South Carolina, one of
Virginia, and Kentucky, and other States. From
my birth, from my knowledge of conscious ex
istence as a human being, ever since could turn
my attention at all to political affairs, have
been in the true, genuine, Legitimate, catholic
sense of the term, State-rights man. But
look at that school to which have REFEREED
They GO not want you to exercise power. They
want no power to be exercised but what is
found in the Constitution. Now, should like
some OF these strict State-rights persons to
point out to me what part of this Constitution
gives to any State the power of notification of
the acts of all the other States? What part of
this Constitution gives to any one State the
power of secession from the membership OF
the Union! Where are they to be found! WHY
sir, You will find, wheneveryou press them upon
these points, they fly out of the Constitution,
talk about the mode of Its formation, its com.
pact character, and the acts of the States AMI
whenever it suits their purpose, and for any i'm.
proper purpose they wish to deduce power
either of notification, or secession or any other
they can find it without the least difficulty, linz
tied and circumscribed as they would have all
others in interpreting the Constitution.
MIR. RHETT. do not wish to interrupt the
honorable senator from Kentucky, mr. CLAY,]l
but merely to say that do not suppose the
senator from Kentucky will object from the
course he Is pursuing, if should think it proper
to reply to his observations. Iwsh merely to
say this.
Mr.. CLAY, (resuming) OF course not. /
have no right to object If the gentleman chooses
TO avail himself Of the opportunity now, will sit
xlnu / ii. ~. =.