The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-10-08


where is the government! Can you find it any.
where Withdraw the Constitution, and where
Is your Congress Can you find member OF
it, from Henry Clay down to the lowest federal
parasite who sits in its halls? Withdraw your
Constitution, will you find the President? And
if he should remain at Washington, who will
feed him He would have to pay his own ex'
penses in hunting up government that does
not exist
Without your Constitution, where is is your
Supreme Court of the United States? Has il
resting place on the globe? Stripped OF Its
ermine, without a bench to sit upon, or an ex-
chequer to support it. What would be the con-
dition of your honor if you attempted to hold
circuit court! What marshal have you The
power of his staff becomes as impotent as your
order,--aA is gone.
have INDUCED in these playful enquiries, not
for the purpose of rdcule, but toproye that the
Constitution is the only foundation of the gov
eminent. and that all of its parts are necessary
and indispensable to that foundation, and that
there is no government without 1t.
The United States government is wholly I'M
like State government, and is inferior to it in
dignity and power. The latter is substantial, it
has boundaries, ii has people, and If the form OF
its government was destroyed, those people have
80 sovereignty, and could make another government.
There is substance in the State government, and
whenever they choose to destroy the general
government they made, there is not then man
left from whom Phenix-like, another govern
ment could be regenerated. There is nothing
intrinsic in tho government of the United
States under withdrawal of the Constitution.
1t has no boundary, no jurisdiction, no popula-
ton, not foot of land to rest on, nor single
man, woman, or child to act or be acted on, and
and yet, in its attempt to psrvert its power and
become greater than its creator,
ssDressed in a little brief authority.
Plays such fantastic tricks before hi3h Heaven,
As make the angles weep"
Being tenant at will, its authority ceases the
instant that will is determined.
These positions are too clear to be contested
by the most reckless Federast or Aboitionist,
and yet Seward and his conductors say that they
are governed by higher law, their conscience.
Conscience Conscience never gave seat to a
senator He holds that seat by virtue of the
Constitution alone, which he has frequently
sworn to support. What man! and mirabile
dictu" what set of men who act with hin!
The Constitution grants power to the United
States government, and makes perfect govern
ment of it, but it is at the same time limited
government, which limitations are to be regarded
and obeyed. Let us examine, for Illustration, a
few clauses: Article lst, section 3D. All le-
gislative power herein granted, shall be vested
in Congress Of the United States, which shall
consist of a Senate and House of Representatives.
Mark, unlimited Legislative powers have not been
granted, but only the legislative powers herein
gran ed, which are found to be specific when you
refer to the powers of Congress. Same section
provides, No person shall be representative
II al
twenty five" This is a restriction as to age.
1t is the law, and must be obeyed; but know
young gentlemen from eighteen to twenty three,
who would make much better and more patriotic
members than many of our Southern represent
tatives.
SECTION 3d. The senate shall be composed of
two senators from each State.
ARTICLE 81. The executive power shall be
vested in a President of the United States Of
America He shall hold his office during the
term of four years.
ARTICLE Sd. The judicial power of the United
States shall be vested in Supreme Court, and
such other inferior courts az Congress shall
from time TO time ordain and establish.
Very well: We have all the departments of
a perfect government granted, but the powers
of each are pointed out and limited, and gener-
ally particularly described and defined.
In article first, section 9Th, Il il declared that
Congress shall have power 10 lay and collect
taxes, duties, imposts and excuses; to pay the
debts and provide for the common defence and
general welfare Of the United States" The
above power Is clearly granted, and is the main
section which the Pederalists and Abolitionists
prevent, to give them absolute power over every
subject and every int; est The States rights
party Of former days commended that the clause
was only intended TO confer upon Congress the
power TO raise money for the purpose Of paying
the debts, providing for the common defence and
general ,oelfare Of the United States; and they
were certainly right, for IL Congress had been
clothed by tits clause with IN underlined and
general power to legislate upon all subjects
which Il might conceive for the general pslfare
such power would destroy every limitation and
restriction in the Constitution. They might
overturn the State governments, and convert the
United Slater government into m olgarchy or
absolute monarchy. There would be no neces.
sity for any limitation, if that clause was 10 be
so construed indeed under such construction
that clause would have been all the clause in the
Constitution, as It repeats all Gthors, The last
clause in the section enumerating the powers Of
Congress, declares that Congress shall have the
powers 10 make oil laws which shall be neces
sary and proper for carrying into execution the
foregoing powers vested by this Constitution in
the government Of the United States or in any
department or officer thereof" This is all right
and proper, and which all Constitution abiding
men are willing TO grant, but mark! it is re.
stricted TO laws TO carry into effect only the
powers granted.
There are other clauses Of the Consultation
equally obligatory a. the foregoing, viz: "Tbe
enumeration In the Constitution Of certain rights
shall not be construed 10 deny or disparnge
others retained by the people" Again" The
powers not delegated to the United States by
the Constitution, nor prohibited by il 10 the
States, are reserved 10 the States respectively,
or 10 the people" Again, article fourth, sec
ton I'd, declares . that no person held 10 service
or labor in one State under the laws thereof.
escaping into another, shall 10 consequence Of
any law or regulation therein, be discharged
from such service or labor but shall be de
livered up on claim Of the party to whom such
service or labor may be due" Again, Congress
shall make no laws respecting an establishment
Of religion, or prohibiting the free exercise
thereof. mr. ahridUino the freedom of spee n or