Washington sentinel., 1854-03-15
expressly granted, would ne
ted Constitution, absorb all
I'd Of itself be n monstrosity


.uon; but the senator from New
attempts to clothe with this attribute an
implied disputed power. The republican party,
through all the exponents of its opinion, have
not only held that this government possessed
no power but that which was expressly granted,
or which was necessary and proper to carry out
a granted power but that express grants of
power must be controlled in their exercise by
other grants in the Constitution. They utterly
denied the whole doctrine that underlined
powers, whether express or implied, were ne.
cessarily unlimited powers.
This great principle was ably and elaborate
ly discussed BY the fathers of the republic in
l796, on jays treaty. Then the principle was
asserted by General Washington, whose great
name and just consideration with his country
men gave great strength to any position he
might assume, that the treaty making power,
being underlined, was unlimited. A debate
sprung up on that question in the House of
Representatives which lasted two months Mr..
Madison closed that debate on the side of priv
ilege against prerogative and when the vote
was taken, it was found that there were fifty
four in the affirmative and thirty-seven in the
negative upon the question that, although the
treaty.making power was underlined, it was not
unlimited. There was plain grant Of power
TO the President to make treaties by and with
the consent of the Senate. It was an underlined
grant. There were no express words of limi-
tation upon it. Still, the republicans of that
day, with Mr.. Madison at their head, (even
when the power was assumed by the father of
his country,) declared that, though it was an
underlined grant, it was limited one, and that
you could not, by treaty, exercise any power
which was granted by the Constitution to the
other departments Of the government. This is
very import mt principle, and one which /
shall have occasion to discuss before the close
of the session, in regard to treaty which is
said, BY the public prints, to have been nego-
tiated, and to be before the Senate.
hold to this construction of the Constitu-
ton; and if You depart from it, where are you
to stop? If, by territorial BILL you can regu-
late one domestic institution of the people, YOU
can regulate another, unless limitation is found
in the Constitution. If you can 60 beyond The
plain express grant of power, may you not say
that new States shall have but one senator and
but half the number of representatives that the
other States have? Ify you adopt such prin-
ciple you would have great confederacy COM
posed nominally of equal, sovereign, and inde-
pendent States, but whimsically dove-tailed,
and Grossly indented," so that the States them
selves could not understand their respective
rights; and they would have to refer to laws
passed by Congress to find their constitutional
rights. Then, sir, / appeal to gentlemen to
stand by the landmarks Of the fathers of the
republic; leave the States where the Consttu-
ton leaves them-sovereign and independent
equals leave our fellow-citizens who seek
homes in the distant Territories all the rights
of freemen, and they will discharge to you and
themselves all the duties of freemen.
Senators, have endeavored thus far to COM
mend this bill to your consideration, on the
ground that it is in strict conformity with our
Constitution. have said, also, that it is wise,
expedient and just. Justice is the highest ex-
pediency, the supremest wisdom. Applying
that test to the principles of this measure, say
that no fair man in any portion of this coun.
Try can come to any other conclusion than that
it establishes between the people Of this Union,
who are bound together under common Con-
stitu,ion, firm, permanent, and lasting bond
OF harmony. What is it that we of the south
ask? Do we make any unjust OF unequal de-
mand on the north None. Do we ask what
we are not willing on our side to grant to them ?
Not at all We say to them: Gentlemen, here
is our common territory. Whether it was ceded
by the old States, whether it was acquired by the
common treasure, or was the fruit of success
full war, to which we all rallied and in which
we all fought, we ask you to recognise thi.
great principle of our revolution let such al
desire 60 there, enjoy their property, take witt
them their hocks and their herds, their men
servants and maid.servants, if they desire tt
take them there and, when the appropriate
time comes for the exercise of the dormant
sovereignty of the people, let them fix the
character of their institutions for themselves"
This demand on the government is nothing
more than TO perform the duty of all govern
10 a,uica nd ;uc Ill ta
to defend every citizen in the peaceful enjoy.
ment of his life, his liberty, and property 1t
is the life blood of a republic; it can do no in
justice that will not recoil upon it. Resting
upon the people, upheld and defended and ad
ninistered by them, republic is impotent in
a career of injustice; therefore such policy il
MS fooi ish as wicked.
feel that need spend no more time in de
Tending the principles of the bill on your table
Neither their constitutionality nor expedenc,
have been successfully assailed; but their op
ponents have relied upon other consideration
to sway the judgment Of the Senate. They arr
sanctioned by the all-pervading principles o
he Constitution, which is bond of equality O
rip,',ts and equality of burdens, binding togethe
these States and all others that may hereafter b
added to them. Strike from it the features q
equality AID State sovereignty, and Instant
1t perlSheS. Oule DldteS Will Dc uepcHueul, an
some will be in dependent, and masters of tn
rest. Iappeal to you, then. to preserve tha
equality which the Constitution was intende
to perpetuate. Under it, little Delaware, wit
small population, asserted the rights of a
equal, and is treated as an equal here. Sh
stands here to-day with her one hundred thou
sand population, to confront in debate AM
argument on footing Of equality, the sena
tors from New York, with three millions a
their back.
Instead Of arguing this question like states
men, the freesoilers and abolitionists who op
pose the bill seem to rely on intimidation II
effect their objects. We are invited to lister
to the mutterings Of the distant thunder O
popular indignation mot yet audible) which is
about to burst upon our ears, and we are
warned of the earthquakes which are about to
burst from under our feet. Even if all this
was as true as it is baseless, it should in nc
wise control the action of American senator,
in determining upon the constitutional right,
of American treemen. Bnt this is mt raol H.,