The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-16

to regard his own opinion and his own oath as but
small barriers to the course Of action he pro-
claimed himself ready to take. lie avowed him
self, in the Senate, as ready and willing to sup
port the bill with it's amendments, to the fullest
extent, notwithstanding he had in the same Senate
publicly stated, in substance, that he had always
been Of opinion, and still Of opinion, that the
fugitive clause in the Constitution was not Ill
rectory to Congress, but was directory 10 the
States, and enjoined upon them the duty OF De
livering up fugitives from service and labor MIR
Webster was a member Of an independent branch
Of the Government; he was under oath to support
the Constitution of the United States. These
several departments Of Government were Kept
separate so as to operate on the check ana bal
anceo system. Members were put on oath 10
support the Constitution, so rs to have the guar
anty of individual and personal judgment anu
conscience Of each agent, and thereby IN some
measure prevent combinations and consplracies
to override the Constitution and usurp power
1t was Mr.. Webster's duty, as law-maker, 10
respect his own conscience and his own judgment
lie could not set aside his own judgment and be-
lief, as to his own power under the Constitution,
and innocently pin his faith on some decision OF
the Supreme Court, another separate branch or
Government for he was bound TO support the
Constitution, as he understood 1t. HeWas Dound
to judge whether he had power to eglsate IS 10
fugitive slaves, and then was bound to exer-
else that power carefully and judicously No
matter what the Supreme Court had said they
may have been wrong they may reverse their
former opinion they may have adJudged cor
ruptly; at all events their opinion, right or
wrong did not make it obligatory upon Webster
to pass a law unless he believed he was doing his
duty, in his own opinion Webster was of opin-
ion substantially that he had no power to pass
the Fugitive Bill, and he under oath to carry
out that opinion yet he stood ready to violate
that opinion, and virtually his official oath, and
sought to avoid his individual responsibility by
taking the opinion OF another set OF men. Not so,
General Jackson he said he would support the
Constitution as he understood 1t = hence, he We
toed United States Bank Bill, because he thought
Congress had no power to pass it. And that was
his answer to those who referred him TO the fact
that the Supreme Court had held the old United
States Bank Law TO be constitutional. This po- |
sition of Jackson was a correct one. ! envy not |
the position of Daniel Webster in that respect |
If n man is in great doubt in his own mind he |
NAV defer somewhat to the opinions Of others |
But even such doubt well balanced, ought to |
deter legislator from assuming or exercising the |
power in question Webster had no such doubt
lie always had been,n and " was still" of the
opinion, if understood his reputed speech, that
Congress was not directed or enjoined to deliver
up fugitives. If understood Webster truly, he
stood ready to usurp power, according to his own
belief by his own admission, and thereby violate
bis official @sth and he stood ready to do this, in
the passage of a shameful and wicked enactment, 7
for a villanous purpose Oh, what times we have
fallen upon May this nation be preserved from
such craftsmanship as the great men exhibit
Yours for humanity,
b. F. HOFFMAN,.
Warren, December 6, 1850.