The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-30

In 1914 the Hartford Convention fatally bent upon dis
turbng the harmony of the Union adopted series of
ouuons IN which they boldly proposed for the purpose
checking the growth of the South that the federal const
tuition should be amended to exclude slaves from the
principle ofrepresenaon and TO require for the admission
OF new States vote OF wohirds OF both houses Of Con
gress As the country did not respond to these sugge
ions, the application Of Missouri few years afterwards
afforded opportunity of accomplishing the design
by different The shape then assumed the
seron Of power in Congress to make the prohibition o.
slavery condition precedent TO the admission of future
States Thus bare majority in Congress, by simple
vote could eectualy the growth of the South
as the amendments of the constitution submitted by the
Hartford Convention.
\ do not propose Mr. Chairman go large into this
question of constitutional power; but cannot refrain
from expressing surprise that Of the leading minds
Of that period so warped by prejudice have
ngly overlooked the well-marked fact that the whole
framework of the federal constitution is constructed and
adjusted upon principles OF absolute equality between ci-
i Gems and absolute equality between States.
~ true sir that the constitutional provision to the
admission OF States is not imperative in its terms; New
States may be admitted by the Congress into the Union
but the constitution never intended to confer upon Com
gress the power to grant TO the States greater rights
and privileges than the old possessed thus producing
inequality in derogation of its proysons nor by restrict
ing the States to less rights and privileges produce
the same fatal result Congress neither enlarge
diminish the powers Of the States 1t is itself the mere
creature OF the old States and become the crea-
| tor of the
This subject so ably treated by the legislature OF
Virginia at the time of this discussion that beg leave to
read an extract from report made to her egsature
The constitution does permit any the
Of the general government with the municipal policy Of
proper carrying into execution the powers expressly
granted to that government All such laws may bs enacted
q by tie constitution compact with any State for is
ecuon ide not granted the demand Of such compact
compact Congress and State for the
surrender OF sovereign rights How such compact to DC
inracton or is the federal government to compel per-
The powers not delegated to the United States by the
constitution not prohibited by it to the States reserved
to the States respectively or to the people This provision
the States and surely applies well to the as to the old
States is therefore only necessary 70 show that any
parties to the compact and it follows that the States
must precisely the rights The duties the
cation Of the term used in the constitution to be
ceransd by reference TO that instrument And cannot be
clause which gives Congress the Of admitting
members into the conederacy, from that in which il used
right belongs to all the States and the existence of the
governments depends the preservation Of those rights
attack upon the sovereignty must be considered an
tThe STATE Of Yirgnia is, therefore, i regards he
subject united IN nsh The people Of The Missour'
Territory, and bound 10 interpose for her defence
Enforcing this view, Mr. Clay said in discussing the
| Wimot provso = aH
.Tbat provso has been the fruitful Of distraction
and agitation If II were adopted and applied any Terri
tory, ii would haze any obligatory force
.ao Territory admitted State into The Union
have sufficiently opened this discussion to show how
this government This is all aimed at and now, sir
would ask Of this House heer he ererce Of sueh o,rer
could BE- made he subject e Legislative compromise
Sir before entering upon the discharge of duties
solemny to support the constitution Of the Uni
ted States the supreme law Of the land So also
the judges of your courts who the final arbters in all
cases brought before them involving the construction
OF that instrument Pass your compromises by whatever
numbers you WILL conditions you may you can
not escape in all aer-time the application Of the great
test Is il constitutional There is legislative soemnit
mo congressional power with which you can clohe youi
act that ts continuance for one moment against
the scrutiny of the humbles citizen of the coniederacy
Mr. Chairman, among the most distinguished OF the rep
reentaves in the Congress of 1920 was one who bad
borne conspicuous part in the framing of our federal con
stitution He was fun OF years and wisdom but the mel
lowing hand Of time had not yet touched him with ths
principles of decay That man was Charles Pinckney o.
4 South Carolina.
Speaking to this very point Mr.. Pinclney said;
al cannot, on any ground think Of agreeing to compro
mise on this subject However all may wish to Missouri
State his Is Tery unimportan object to her compared
with keeping the constitution nvolatefrou keeping The
jeo Of te consultation, eomproD'ise oag to be made
In 1850 Mr. Tazcwell Of Virginia whose reputation al
accomplished statesman s universally recognised wr
ing on this subject, says
Although can readily conceive the expedency and pro
prety adjusting questions Of interest by compromise ant
many other modes freely acknowledge that have
ght could properly be 20 treated especially by those en-
dowed with bducary powers only II Is supposed that The
result OF compromise Of constitutional principles becomes
equpoent with provisions Of the constitution itself er
the compromise n IN truth amendment OF the constitu
topan amendment Of this instrument too, by those tc
whom II has positively denied the power Of making any
amendment whatever. And the compromise has not such
effect but Il regarded a legislative act, which
like all other sch h repealsble at the win OF the
py, then the compromise becomes temporary expeden
70 postpone the troublesome subject until the majority by
Of this compromise, shall acquire sufficient
strength TO enforce some other and TO hem better bar
gain"
II was upon the subject Of the tariff compromise that Mr.
Webster used this language
NJ might fnrove me for sacricing their in
ii tercsts but for violating the constitution.
Mr. Chairman the wisdom Of these teachings is man
cs 10 require any aid from further discussion Let
sir meet the important and Rgitatng question involved N
be objection TO the bills before responsible
" legislators Let not shrink from bold and fear
less discharge Of the duties imposed upon by gener
ous constituency and y shelter behind the of thos'
who preceded thry-odd years agol Let us beyond
all tngs avoid resort TO any temporary expedeu bu
plant upon the broad foundation Of the
stuton Then sir action viii stand the test Of time
and be durabea the base which Il rests Borrow
ing the language Of the great Carolnan al see my way
in the constitution cannot in compromise. compro
misc is but net OF Congress may be overrued at
time il gives security. But the constitution is sta
] ble-it is q rock On IL stand, and il
meet friends from the nonsayenolding States II is
firm and stable ground, which better stand IN
opposition fanaticisn than the shifting sands OF
promise Let as be done with compromises Let gc
back and stand upon the constitution Y
Having thus believe, dsembarrnssed the measure o.
the encuubance of past legislation turn 10 the objection
that the Senate bill Is not entitled 10 the favor Of southern
men, because while protesting The principle Of nonnter
vention II in fact contains direct ,atrpenfion against N
righs Of the South This difficulty first suggested by
the distinguished from Delaware Mr. CLAYroN
4