The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-04

has been SAID BY various senators upon the question
have been urged brought forward by them begin
with the last senator That has arisen, and
told US wha were the true rules OF interpreting the
stituon Why, Mr.. President, he has told nothing
new. lie has given us the advantage only OF common
place Everybody knows that the constitution is only
aggregate OF granted powers, and that powers
be exercised by Congress bul such granted
necessary and proper 10 carry into effect the granted
powers. think SIR, II The senator ever heard Of the
remark, he might have pfotlted by it, made by the old
Chief Justice OF the United Staes who, when learned
counsel from OF the distant States got and bega
at the food. or as early as laws were known to lay
down some fundamental principles which he thought
essential 10 be known-the Chlef Jnsiice oi The
United States. with that blandness and mildness which
characterized that iusIlous said, Why, Mr. Coun.
sell really think there things which this court
may be presumed TO understand [Laugher.]
DO think the senator, without any derogahon from
his own dignity that OF the Senate, might have sup
posed that the proposition the general rule o in
erpreing this constitution BY resort to granted powers
or ascertanng what was necessary and proper 10 carry
presumed that the Senate OF the United States understood
that perfectly we'll The whole difficulty with the sera
tor and his school is they undertake 10 say what The
granted powers and what and is not necessary 10
carry into effect the granted powers and il all Others
do not agree with them, why, they are consoidat
sy s de"y
y. What Is a precedent: precedent IS the de-
beaie Judgment OF court or delibera,ive body upon
a question which arises before that court or tha,
body is the opinion Of the court or body upon the
subjectmalter which is pending before it, Il IS there
fore always entitled 10 respect aud he who sets aside
precedents rejects them all, says IN substance am
wiser than the who have pronounced these opinions
established these precedents therefore feel no respect
Tor them Sir, during the last week heard senator,
who believe is not now IN hls place, reject IN one gen
era all precedents, and immediately afterwards he
shielded himself behind The opinions OF the iusrlous
hounl which he thought were superior to all other
opinions and all other precedents Sir SO II Is with
the whole school They tell you that the Supreme
Court OF the United States knew nothing about
he
it from the year 1893 down. II they can find an opinion
of the amened individual to whom have referred Mr.
Calhoun] sanctiOnng their opinion IT is worth all the
precedents and all the opinions of the Washngtons JET
ersons Madlsons, Monroes, and all the other Presidents
of the United States II
Now Mr. President, the learned senator the way
has conended that there is no power IN the government
of the United States to pass the fugitive Have law Well
sir it is amongst the most remarkable features OF the
times that there certain condolences between opposite
extremes this body and IN the country The honora
BILE senator from South Carolina Mr. RHErT,l who.
believe, holds extreme doctrines upon the subject OF
slavery, and who considers blessing and The honors
bic senator from Ohio Mr. CHAsEl who holds directly
the opposite doctrines and considers the greatest curse
both OF these gentlemen have united in expressing the
opinion that there is power in the Congress OF the
United States pass the fugitive slave bill that we have
been wrong; that Washington and all OF u.s. from lhe
OF the government down TO the present
time, and the Supreme Court of the United States, were
wrong the Congress OF 1893 was wrong and the col
league Of the honorable senator from South CaIona,
Mr. BUTLER who, believe. introduced this bull wrong
the senator from Virginia tMr. MAsoN] wrong. Well.
Mr. President, how does the matter stand The senator
from South Carolina tMr RHETr] and the senator from
Ohio [Mr CHAsrl uersus the Supreme Court OF the United
Staes the Congress OF 1893, The Congress OF $780, and
all the other members OF the Senate and House OF Rep
resentatves who have doubted at all upon the
power OF Congress pass this law Sir where there
70 much weight in both scaes-one occupied by the two
senators to whom have referred and the other occupied
by the whole country-almost every enlightened man in
who has spoken upon this subject occupying the other
scale- very difficult for humble individual to say
certainly which preponderales. lH
Sir will hp al trus
upon the constitution of the United States upon this sub
jec and upon the doctrines which have been denounced
by the honorable senator from South Carolina. Mr..
RHrrrl He says the you limit the constitution.
the you add strength 10 H. suppose II you take
away all the powers whatever from the government IN
this process OF Limitation, you would make tue Union
stronger If power was exerted; and the more you
stretch the constitution the you increase the dan
ger to the perpetuy OF the Union But SIR, is de-
cided question: stretching the powers of the constitution
and limiting them. What man--mortal falible efrlng
get up bis place and say the constitution
means so and so, and all others who give II different
inerpre citation traitors ccnsOidaonsts, or wings
federalists foost might be added 10 the other emu
merauon, or fools Now, sir, have never heard
get up and talk about hrs being ie.rghts man
emphacaly and exclusively per Sc, Simon Pure-I
heard such man when did not feel those emotions
which Junus describes when he saw q Seofchman
smile. laughter
But SIR, there are two schools of State rights men.
There is of South Carolina, one OF Virginia, and
Kentucky, and other States From my birth, from my
knowledge OF conscious existence human being ever
since could my attention at all to political AFFAIRS
have been in the true genuine legitimate, Catholic
sense OF the term, State rights But look at that
school TO which have referred They do not want yov
exercise power They want power TO be exercised
bu, what is found in the constitution. Now, should
like of these strict Siate-rlghs persons to point
out to 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 the power of secession from the member
ship OF the Unonf Where they TO be found Why,
SIR you will find. whenever you press them upon these
points, they fly out OF the constitution talk about the
acts OF the States and whenever suits their purpose
and for any improper purpose they wish to deducc pow
er, either of notification, secession or any other
they can find il without the least difficulty, limited and
crcumscribed they would have all others in interpret
ing the constitution.
Mr. RHETT. do not wish 10 interrupt the honora-
bic senator from Kentucky Mr. CLAY,] but merely to
object, from the course he pursuing il should think it
proper to reply TO his observations wish merely 10 say
this.
Mr. CLAY, (resuming) or course not have no
right object " the gentleman chooses foava himself
of the opportunity now, ! will s down. ] want the
subject closed think il ought to be and think il IL
due the Senate close it, and refer the matter TO the
committee which is to act upon it, | will listen with
pleasure the senator il he chooses TO go on now. II
passing notice OF nullihcaton and accession
which taking | will meet the honorable senator
or any of his school debate whenever they choose to
bring up the debate be discussed some other sub
ject Mr. President could enumerate various instances
where powers wanted. when there departure from
these cardinal rules Of Interpretation which in
sisted upon when the exercise OF power Is dslIked, or
when there is opposition TO the power Whenever
opposition that particular law should be
ercised or that law OF certain character should be
passed. the denial Of the power to pass is invariably