The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-23


Legislator acted upon il in his day. He gave no conms-
sion to his Apostles TO attempt its overthrow but left It 70
the temporal authorities 10 act upon, as question wholly
within their control So In like manner did the Trainers OF
our government leave il wholly subject Of State and
local authority, well oreseeing that no more dangerous
element OF agitation could be ingraed upon our federal
system than the right to determine policy upon which
there existed wide and irreconcabe diversity OF opin
ion. The wisdom Of those great men was never more
srkngy displayed than in their action upon this subject
Whilst upon this subject of implied powers, will quote
extract from the speech Of that distinguished u
rst to whom have just referred 1t is well known that
Henry Baldwin in 1920 at that time representative IN
Congress from the Psburg district was one Of the few
northern statesmen who rising superior to sectional IN
uences and TO the eyaneseent camor of the day. sought
higher and nober fame by making sacrifice of himself If
need be to arrest medated assault upon the constitution
of his country His conduct at that time 10 worthy OF the
attention Of northern representatives now With the first
inton of s purpose to yote for The admission OF Mis-
souri, as slave State into the Union a Of excitement
sprung up against him in bis district famed by the same
influences which are zealousy at work. He was
denounced in the most oppobrious terms and shared the
fate of other northern statesmen OF this dahe also was
burnt in egy But unawed by these ebulltions OF popn
lar 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 virum,
Non cyium ard0r prava jubentum
Non yultus instants tyranni
Mente quatit solida a.
he stood faithful his convictions The excitement of the
moment passed away. Reason resumed its throne in the
popular mind that instructive love for the principles of
constitutional system which no fanaticism or passion
long obscure became triumphant and he was at the
succeeding election returned, without opponent to
the House Nor did the just appreciation Of his manly and
patriotic independence stop there But after being repeat
edly honoed by the confidence of his constituents he was
elevated to the bench of the Supreme Court of the United
States where he continued 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 opinions upon all the questions
of constitutional law that before him, Of which
quoted few days ago, by the gentleman from Ten
nessee, Mr.. SMITH
question in 1920 with great force and truth, says
"Can there be more dangerous principle which thus
leads to inquire not what the constitution authorizes
but what Congress have done Not to make that
but legislation the test the evidence the boundary
constitution by doubtful farstreched construction, that
becomes supreme and less limited than express
that you imply another equally supreme with the first
equally and proper that begets
othcrthus you 40 on indefinitely adding Implication
plicaton construction construction each implied
the centre Of new system the germ OF new ones like
taking a e h r9d1
the original system" aH.
awe have heard Of the Archimede- logic It say
nn will move the world Make but beginning ming give but
and destroy the contiinon Against this principle in all
its effects ever have and wiz contends whether il emanaes
from the Hartford Convention aiming at political power or
both have common Object
The legislature of New Jersey have, in their instructions
their delegates here declared that Congress has general
power the subject Of averand that too under that
clause Of the constitution relative migration &c. which
has been abandoned in this discussion authorizing this
restriction What security what pledge, be given that
these doctrines will not be advocated within these walls 1t
requires but election procure such change viii
make the question not restriction, but emancipation Once
begin g 'sga'e on s sIsegi e an power
break through the constitution and resort to abstract
principles for rules Of construction and the boundaries which
the
curty foundations broken up the common bond which
untes IL dissolved when the constitution ceases TO be
law when laws pledge of security Be
assured sir cannot stand snch shocks this that
this government can never continue II this doctrine OF CON
strueton utabshcd the precedent once made the
series Of egia begun the subject of slavery in
old State organized Territory you will not stop
ederatye government il rom the growth Of powersthe ef
cts consolidation by the gradual extinction Of State rights
and when the apology for their
assumption IL the cause OF humanity
The action Of Congress in 1920 in assuming 10 exclude
slavery from the territory north OF 80 deg 30 min,
not only Objectionable exercise Of power not
rantcd hy the constitution and subversye of that princi-
pie of equality amongst the States which Is the vital and
fundamental feature OF system but it further oh
ecuonabe the unquestionabe from which has
sprung all those abolition and frecsoil movements which
have since so much disturbed the peace Of this nation
And ia il matter Of surprise that such consequences should
have followed such act There stood recorded upon
your statue-book the actual exercise OF power by Con-
gress prescribe by lis edct the internal policy Of
evil 10 morally offensive TO justify the exclusion Of
State from the Union IL infected by its eprosy Was il
matter Of surprise when such power asserted aud
exercised that the power should be invoked 10 abo
sh like evil in the District Of Columbia and in all the
forts arsenal dockar and other public grounds of the
United States and TO prohibit the expectation of slaves
from one slave State TO another Was surprising with
such precedent before us that the spirit of abolition
ism should have combined with the spirit Of faction
TO say treason and early the 9th of August 1896
and before our armies had crossed the Rio Grande have
sought to cast rehrand into national councils and 10
paralyze the OF national power by procaiming In
advance that all Territories acquired from Mexico
should come 10 sadded by this insulting lnicrdc7 Sir
repeat and who looks back TO the history Of the
country will question the fact that from the day this power
was assumed by Congress false impression dfused
Of the powers and responsibilities Of this government in
laon TO the subject Of slavery and stern and nacal
impulse impaired to the public sentiment OF the North
against the South Do you ask the evidence Of this 1t
10 be rnced in the action Of their State legislatures
throwing impedmenis in the way Of the recovery Of
fugitive slaves striking instance Of which exhibited
by the gentlomap from Mississippi [Mr BARssp.Lr Il in
the Of their judicial decisions n their organized
abolition societies. and in their pertnacous agitation Of the
subject Of slavery in Congress Believing from this pre-
ccdent that the general policy Of slavery institution
within the control Of Congressthst this government
stood responsible before God and for its continuance
and extension II s not surprising that In their alsc concep
tons Of the powers and responsibilities Of the government
they should have zeaoosy pursued that policy which
has long conynlsed this country with internal strife
Sir, notwithstanding the opinion entertained by the
South Of the injustice and unconstiutonay OF the Mis-
souri, restriction Il Is one among the many Illustrations Of
their deep attachment TO the Union and of the sac6
cling spirit in which they have met every question bearing
upon the preservation Of the peace and harmony o the
Union that effort has been made upon lis part dis
turb II; but the contrary fixed and settled opinion
had been cultivated in the South respect IL perma-
ding and non