Washington sentinel., 1854-03-01


north then and thereafter absolved the south
the weaker party, from all obligation to OBJ
serve it.
Mr. President, what is it that should give
this character of compromise or of a compact
to the ordinary legislation of the country
Can one Legislature, by an act of public legis
lation, tie up the hands Of its successors, and
prevent the people in all time from repeating
laws which may be inconvenient to them? No
sir. But one legislature may be sagacious
enough to suggest principle which may ad
just troublesome controversy, and that prin-
ciple may be successfully applied, time after
time, through long series OF years, whenever
such controversy arises, until it may be fairly
concluded that it is sustained by an implied
assent of the people, and of all the conflicting
interests concerned in such questions. To dis
turb such legislation would be dangerous and
wrong, unless it was very certain that it had
ceased to perform Its Office and no longer
satisfied that the people, who might now pre-
fer another system Of settlement, and be dis
posed to set aside the one first adopted. When
ever that is the case, the reason for the rule
ceasing, the rule itself is obsolete.
But, sir, in point of fact, there is the strong
est of all possible reasons for repeating this re.
striction, which is found in the fact that it is
unconstitutional. For surely no series of acts
can give validity to unconstitutional legisla-
ton; and all legislation is unconstitutional
which impairs the equal rights of the States.
1t has been so decided, not only by the express
opinion of legal and eminent men throughout
the country, but, as | shall presently proceed to
show, by the courts of the last resort in your
own land.
If fthere is anything which the Constitution
l,,ln Il, xhor ~
it is the equality of the States Here is that
sacred instrument, that deed in which the
trusts are declared, and by which the general
government is constituted the fduciary to car
ry them into execution. Here, too, are the
great objects Of the trust as declared in the
preamble of the Constitution, which they say
was ordained ITO form more perfect union.'
How is more perfect union to be formed if
you have destroyed the existing equality of the
States and substituted inequality? To "estab-
lish justice" How can you establish justice if
you make odious determinations? To Gin
sure domestic tranquility" How can you do
that, if you make such inequalities between the
States? To "provide for the common defence,
promote the general welfare" Remark, the
we flre-not of part but Of all. And finally
observe, not to acquire, not to create, but to
asecure the blessings Of liberty Having them
already to ourselves and our posterity." These
were the great objects and ends of the trust,
none of which can be secured if you destroy
the equality Of the States.
But that is not all. Look to those clauses
which grant power to Congress "to lay and
collect taxes, duties, imposts, and excises."
For what purpose? ITO pay the debts and
provide for the common defence and general
welfare Of the United States" To provide for
the general welfare of the whole, not of part.
And not only is the Constitution thus particu-
lar in regard to the disbursement Of the money
after it is collected, but also as to the mode in
which it is to be raised. 1t provides that all
duties, imposts, and excises, shall be uniform
throughout the United States;" and no capita
ton or other direct tax shall be laid, unless in
proportion to the census or enumeration here
in before directed to be taken" Here, sir, the
Constitution looks to the equality of propor-
ton. Let us turn now to another class of cases
in which it requires an absolute equality or
uniformity, for there is an equality of each
kind.
The Constitution gives Congress the right to
establish naturalization laws and bankrupt
laws but then comes the limitation that they
must be uniform. 1t give Congress the power
to regulate commerce between the States and
with foreign nations, but strictly sedulous in
regard to the great end Of equality; the pro-
vision follows that s'no tax or duty shall be
laid on articles exported from any State ]" and
"no preference shall be given by any regula-
ton of commerce or revenue to the ports Of
one State over those of another; nor shall ves-
sells bound to or from one State be obliged to
enter, clear, or pay duties in another.
It will be seen, then, that, in regard to all
- xuh.ch o0,,ld bo
b so exercised as to operate unequally upon
the States, there are here express limitation to
secure their uniform, their equal action.
Nor do we stop here. So anxious we're the
trainers of the Constitution to secure this great
common equality to the States, that they pur-
sued the subject in the hands of the State
and provided that they should not
exercise certain powers, which might be used
to disturb that fundamental condition of equal
ity in the States. The Constitution according
" declared that the States should not, without
the consent Of Congress, lay duties and imposts,
or tonnage duties, and should not form alli-
ances, nor do many things which might enable
one State to trench upon the equal rights of
another. And to crown all, the Constitution
contains this remarkable provision:
aThe citizens Of each State shall be entitled to
all the privileges VI SitiSoHS VI 'hS
several States
Observe, it is not that the citizens of the
United States shall have the same privileges
everywhere, but "the citizens of each STATE
The citizen secures his equality through that
of his State not in his invididual capacity,
but by virtue of that great fundamental condi-
ton Of the Union, the equality Of his State.
Nor is this equality of the States left as mat
ter of mere moral obligation. BY an equal
representation in the Senate, political power
is given to secure the right
Well now, sir, the Constitution especially de-
clares the Territories of the United States to be
the property of the United States 1t speaks OF
'.the territory or other property of the United
States Itso happens that the only SPECIFIC emu
meration of the property fthe United States rs
made in regard to this very matter OF territory,
and in regard to that the States are equally en- |
titled to it. If, as have shown, the States are
regarded as equals in the view of the Consttu-
ton, are they not equally entitled to all 'he
benefits flowing from this. property, as wen as
to all the benefits to be derived from the gov
ernment itselH
Mr. President have said that according to