Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-01-02

nor prohibited by 1t to the States as reserved to
the States or the people. To take single step
beyond the boundaries thus specially drawn a.
round the powers of Congress, is totake possess
sion of bouhdcss field of power, no longer sus-
ceWlble of anV definition. The Incorporation of
Bank. and The power assumed by this bill have
not IN my opinion been delegated to the United
States by the Constitution"
This was democratic doctrine then, it is dem
ocratic truth now. The power to pass Il law foI
the rendition Of fugltlves from service is no
WHERE granted, and in enacting that law, the
government has taken Il step beyond the bound.
aries specially drawn around the powers ofCOn-
es1"
This question ofthn powers of Congress has
consttufed the great and broad division of par.
ties from lhe foundation Of government. and not
entering upon the merits involved III The fugitive
slave act. or the compromise bills, which have
properly avoided, NV object has BEEN aud IS to
call attention to this departure from great pc
rica landmark | alluded in my former CON
muncatnu, to the doctrines laid down by JEFF
erson ard Madison aid 'ht passage o. The AL.
len aud =. dltlon laws when the same question
Of granted powers was raised, aud was 50 abb
discussed by those master mlndS. The salne
principle that was applicable IN regard tn those
laws and by the creation OF u bank hy COngrLsS,
: apply 10 his fugitive slave bill If ihe prlnc-
pie WAS right IN hose Gases, 1t Is light in this.
and we must repudlae the doctrines Of Jeff rsrn
and Mndis..n u, there laid down. or admit that
orro- hae been committed now. 1t VIII not ~
abandon right principle for the sake Of here
pxpediency Congress eau, or 1t cannot eXer-
else powers not expressly granted fit eau
Jefferson, Madison. Jackson, Van Buren, Polk
and the democratic party for more than fifty
years have been wrong. On thus point Madison
Is clear and explicit, not only in the rxtracI
" ich quoted from the resolutions Of I779, but
IN one OF the very last acts OF his accomplished
public lite. IN his message Of March 3D., 1917
the last day Vt his adInnIStratnn-vetOlng the
bill setting apat certain funds l"r nterla I'm
provenents, Mr. Madison saws:
"Th legislative powers vested in Congress
re specified and Enumerated III th' Ell h'h sc
ton of Ihr fist article I the Constitution, and
It does not appear that the power proposed to
be exercised by this hill Is among the +nnmtr
ted powers, or that 1t fails by any Just ntepleta
} ron within thu power to make all avs necessa-
ry and proper for carrying into rx"cntiLn those
or other powers vested by The Constitution in tn"
government Of the UniIed Sta rs."
The clause reItng 10 iugItl,es from service
IS not in he eighth section Of the first article
'shere Mr.. Madison correctly avs, the rg'sIa-
tive powers vested in Congress are speclfi d
and enuln, rated )" but in he third section Of the
, 4th article, among the miscellane us p owls
sl,ns, relating chiefly tn the states and the ter
rturles. their rights and their duties. Ii ID no
grant of power bur compact GA the part Of the
states, snch as existed in colonial days N rea
non to white servltude to which you alude.-
That was a Colunlal aud this IA stnte comp ict.
wherein each IT tie binds itself first not 10 pass
any law discharge any escaping fugitive. ard
second to surrender him up 10 The claimant. =
Bitter would il have been tor the parties IN in
terpSt h ID Congress not transcribed IT. p0wefa
aud imertered with the question: but lett each
state to discharge It's ConS'IiulOnhI ubIIgailurs
We shou d nave with ss'd INV and TO many
yelrs past, helrr and tar healthier pubic
opinion h d that course been aGop,ed aud tn"
dpnocrot,c docnIne observed An appr"h'G-
SION is sometimes expressed. borrowed from
Jul, e Ntir,, thst t = would b. diversified &C.
, ton ~ the states, were subject u ex,ialtuu
rit TO them respectively, aud hence centrnnznu-
anil consolidation prlrc piles are urged. lib,
: inability, the inr mpetricY, aud The pefVnfSr-
moss OF the states has ever been iavorte IbrIne
with the fnderAIls 8, whenever they have wished
To enlarge the powers OF tn alnna govern
h.ent. Ii is found IN al the T. achirgS of Mar
> shall, and Story, aud Hamilton. and Is prom
uDnt in the intn anad inns nd un,s'hl~ ----'''G
\ OF Pres dent Fillmore One OF the most Mira ted
, efal and anu-demucratic documents evr laid
before Congress. We had t.ls argument of
question, through long series Of years. and
= were rIdlculed for m'int ining that a n on'l
reg uIator" was unnecessary but that the states
=, .emSeh o. cou d aud Won better ll-cho, ge
thu duty.
IN regard tn the law Of 1893 aud the dpcisn
a Of ihe Federal Judges, II Is sufficient HAL the
Constitution Is higher authority that either, vi
than any and all the departments NJ the gov ri.
uent. More than fOrty years afr the passage
" ut thai law BY Congress, AID It's approval by
u the executive, the COuri itself decided parts III
be unconstitutional, as undoubtedly Is The
whole act unless The democratic tn. orv IL wrong
=, a d the federal rght. Until the federal doc.
II times are Admitted to he correct, and jefferson
| and Madison are proved 20 have been wrong,
,r shall never torIf my position By subscribing ii
=, the federal d"ctrlne- u M r.hall, Story or any
tederast who now occupies a seDt on tie bench
Of the Supreme Court. Will. ackunw led re
y their Ieg"l hi lty and great arquIrene Is thtii
e political UleCS aud opinions, and their conStrnc-
!, tou of the Constitution IN regard IL limited and
granted powers were so totally different from
tho at the school IL when belong thu can
recugnlze them rs no authority. They are
!. eminen, teachers OF the constellation party and
!, among the fathers OF that political church. The
tederalisls are taught to revere not only thelr
= legal opinions but their political doctrines. ia
II those democrats who are led astray by these
+ false lights, on account of their official position
would commend M extract frou the veto Mes
sage Of Andrew Jackson in 1872 1t was clam.
lat , 81. k,.dn, ~.
esty on their part. that the bank va, Consutu
j, tlonal. IL had been create by Congrt ~ npvroy
= I'd by tn Executive, and pronounced Consru.
tlonal hv the supreme Cont. But the.r Az.
. prals did not w"lgh with hhn tie went be-
hind them all nthr Constitution Itself, and in re
gard to the Supreme Court and its auhn itr, IN
which they chi fly relied he Iangu ge Of n L..
t er1l Jackson was:
" 1t Is unframed BY the advocates Of the
bank that its COnstitutron1ny, IN all ITS 'ett.
urrs ought 10 he considt red as s,ttt.d by the
z President and by the Suprrue Cou,t 10 this
u docttlnr copn"l assent. Mere ., ccpd,nt Is q
danger GUS source OF authority, and should not
= be ,eYarded as drcring questions Of Constltu
t tlonal power. except when the acqnessence Of
# the peop g and the states can be considered M
: we'll settled.
| 1t the Opinions OF the Supreme Cont covered
i the whole ground OF thus act, it nugl, NOT tn
J. contr' the co-oILlnary authorities oi tins p,v
+ ernme"t. The Congress, the Exruuvr and ,h,,
II Court must, each 10 l'selt, he GUIDED BY IT. avn
1t opinion OF the Constitution. Each pubic officer
e who takes an oath to supprt tn. C.,,l4tI,u,on.
II s"ears that he will rut pori a. h. und, rSlntd,
t IT, and not as II Is understood by mh~rs. II j..
,. MS III Oh thu dn'y o. the Ilnu," o. R .prpspn,a
! tivrS, # thu Senate. and nt The P,psih, II, To de
d rlh" upon the Const'tnlionalty OF any bin whn h
II may he presented ~ them ter passage nr op,rov
al. ~ It Is tor the Supreup Judges, when i, p,,I
= be brought b"to,e them tor Judicial dlscnson.'
j These were the sentiments at Andrew .cksun
4 as To the decsron Of tn Supreme C,ur ON Can