Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-04-16

of the Constitution itself? Where does il de.
rive the authority to treat that >as matter Of
constitutional interdict which the Constitution
itself protects, and which an eminent northern
Judge, administering the law in northern
State, has told us with truth, was the corner
stone of the Constitution itself? Does any
man suppose that those illustrious men who
framed that instrument, and who so zealously
guarded every exercise Of power on this deli.
cate subject would have ever consented to the
grant Of any such power TO the federal govern
ment and have armed II, by implication, with
the authority to assault what they had been so
careful to protect? Sir, hold that Congress
has no such power. Ii the right to acquire
territory implies the right to legislate for that
territory, the right of legislation is not abso-
lutte, but can only exist in subordination TO the
rights which are expressly secured, and TO those
principles which are expressly engrafted upon
the Constitution ITSELF
The trainers Of our Constitution acted upon
the subject of slavery very much in the same
spirit in which our Divine legislator acted upon
it in his day. He gave no commission to his
apostles TO attempt It's overthrow, but left it to
the temporal authorities TO act upon as a ques-
ton wholly within their control. So in like
manner did the trainers Of our government
leave 1t wholly as subject Of State and local
| authority, well foreseeing that no more danger
Gus element of agitation could be engrafted
upon our federal system than the right TO de.
| termine a policy upon which there existed so
wide and irreconcilable diversity of opinion.
| The wisdom Of those great men was never moro
strikingly displayed than in their action upon
this subject.
Whilst upon this subject Of implied powers, /
will quote an extract from the speech Of that
same distinguished jurist to whom have just
referred. 1t is well known that Henry Bald
win, in 1920, at that time a representative in
Congress from the Pittsburg district, was one
| Of the few northern statesmen who, rising su.
perior to sectional influences and to the evan.
escent camor of the day, sought higher and
nobler fame by making sacrifice of himself
! if need be, to arrest meditated assault upon
| the Constitution of his country. His conduct
at that time is worthy of the attention of north
ern representatives now. With the first init
nation Of his purpose to vote for the admission
of Missouri as slave State into the Union, q
blaze of excitement sprung up against him in
his district, famed by the same influences
which are now so zealously at work. He was
denounced in the most opprobious terms, and
shared the fate OF other northern statesmen at
this time; he also was burnt in effgy But
unawed by these ebulitions of popular fury, and
realizing that beautiful conception of firm
patriot, which the great lyric poet of Rome has
transmitted to US from antiquity
''Justum ct tenacem propositi vrum,
Non civium ardor prava jubentium,
Non vultus instaniis tyranni
Mente quatt solidaf-
he stood faithful to his conviction The excite.
ment of the moment passed away. Reason
resumed its throne in the popular mind That
instructive love for the principles of our const.
tutional system which NO fanaticism or passion
can long obscure, became triumphant; and he
was at the succeeding election returned, with
out even an opponent, to the House. Nor did
the just appreciation of his manly and patriotic
independence stop there; but after being re-
peatedly honored by the confidence Of his con.
stituents, he was elevated to the bench of the
Supreme Court of the United States, where he
continued to the period of his death to adorn
that venerable tribunal by his learning and
abilities, and to consolidate the Union of these
States by his sound, national, and conservative
tional law that came before him, some of which
were quoted, few days ago, by the gentleman
| from Tennessee, Mr.. SMITH.
| Mr.. Baldwin, in his celebrated speech on the
Missouri question in 1920, with great force and
truth says:
1 "Can there be more dangerous principle
which thus leads you to inquire not what the Con
stitutioa authorizes, but what Congress have done
Not 10 make that instrument, but our own legsla
| ton, the test, the evidence the boundary of ouI
power? You begin by implying power from the
1 Constitution, by doubtful, far-stretched con.
! struction, that becomes as supreme and less linn
| tied than an express one; from that you imply
| another, equally supreme with the first impca-
| ton, equally necessary and proper, that begets
L pnfha Tnns vnn po0 On 1affn aII In,
plication TO implication, construction to construc-
ton-each new implied power the centre of a new
system, the germ of new ones, like wire grass,
taking root, at every joint, each root prolific OF
scons, each pointing to the original stalk, forming
part Of the original system"
| "We have heard Of the Archmedes Of logic
/ it was saying Of this mathematician, give me
| place where TO stand and will move the world
| Make but beginning give but fulcrum on which
| implied powers can operate you shake and de-
sroy the Constitution. Against this principle. in
all its effects, ever have and will contend
| whether il emanates from the Hartford convention,
aiming at political power, under the more i'm
posing and and seducing garb of humanity, both
having common object"
| The legislature Of New Jersey have in their
instructions 10 their delegates here, declared that
Congress has general power over the subject
OF slavery; and that too, under that clause of the
Oonsitutioh icidtiSe HDlSTdllOn &C, winch mas
been abandoned in this discussion as not authori-
zing this restriction. What security. what pledge
can be given, that these doctrines will not be ad-
vocated within these walls II requires but one
election TO procure such change as will make
the question not restriction, but emancipation.
| Once begin 10 legislate on this subject like all
constructive powers they will be progressive /;
| implied powers never retrograde; once break
/ through the Constitution, and resort 10 abstract
principles for rules of construction and the bound
aries which separate the powers of government,
| there is no safety or security; foundations are
broken up; the common bond which unites US is
| dissolved, when the Constitution ceases TO be a
| law for US, when own laws are no pledge OF
security. Be assured sir we cannot stand many
such shocks as this; that this government can
never continue if this doctrine Of construction is
once established. The precedent once made, the
series Of legislation once begun on the subject OF
slavery in an old State organized Territory,
you will not stop short of universal emancipation.
The greatest danger in a federative government is
from the growth of power, the effects of consoli-
dation by the gradual extinction of State rights
and sovereignty, cmphaticaly sowben the apology
for their assumption is the cause of humanity"