The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-08-09

SLAVERY.
To the Friends Of american Liberty:
Although the power and duty of the Fedora
Government to abolish American Slavery ha.
been clearly shown, not only by the OBJECTS Of
the Constitution as set forth in the Preamble
but by the various SPECIFIC PROVISIONS t.
which our attention has been directed, yet tn,
question will continue to be asked, How ant
whence does the Federal Government derive
its authority 10 do what is necessary for seen
ring those objects, and for carrying into effect
. those provisions?
| Such question, in such a connection, and
in company with the admissions that are com
monty made, would seem to carry its own an.
swer along with it. If it be conceded, as il
commonly is, and must be, by candid persons
who have considered the subject, that the de.
clared objects of the Constitution cannot be
secured without the abolition of Slavery, what
further evidence do We need that the National
Government, instituted by the Constitution itself
for the express purpose of securing those OBJ
jects, must of necessity, and does actually,
possessa the requisite powers for fulfilling the
trusts committed to it? How could it be 9TH
| erwise And If it be conceded, as it must be,
| that the specific provisions Of the Constitution
which inhibit Slavery are to be carried into
| effect, then it must also be conceded that the
| Government instituted and established by that
same Constitution was, by the uery fact of its
making those provisions, empowered and duly
authorized to make those provisions efiicacious.
IL a father sends his son into particular
field of labor, instructing him what are the OBJ
jects he wishes to have accomplished, and also
what are the particular obstacles to be re-
moved, and the appropriate processes to be
employed for the purpose, no one ever doubts
that the son is duly authorized and empowered
by the father 10 do what is necessary in the
premises.
So, also, if body corporate, with well-known
and declared objects, and with appropriate
written provisions for attaining them, appoints
a board Of directors to superientend and con-
ducts its affairs, and attend TO its interests, no
one doubts the plenary powers and authority
of the board TO do what is necessary TO Je done
And yet, on this constitutional question, there
are many who will readily concede the iegalty
of Slavery, its incompatibity with the declared
objects of the Constitution, and with the speci-
he provisions L have been considering, who
| will nevertheless shrink back, after all, and in
| qaire whether the powers of the Federal Gov
| eminent are commensurate with the tasks
committed to its hands-whether, under an
| oItt W slppOTI tue CONSTITUTION OF tnc united
| States" the members of the Congress, Presi-
dent, Heads OF Departments, and Judges, are
authorized, by the Constitution itself, 10 do any
such thing In any other case they can see,
| plainly enough, that responsibilities and duties
| imply powers adequate to the discharge of
them. But on this mooted question of the
powers of the Federal Government concerning
Slavery, they hesitate and falter. They have
heard so much said of the limitations of the
| Federal Government, of its having no original
inherent powers, of its being only delegated
| government, &C., that their minds are bewilder-
| ed, and they are ready to doubt whether the
Federal Government has any powers at all on
the slave question, unless it be to sustain it. as
it uniformly has done. On no other subject but
| that of abolishing Slavery do they hesitate to
| concede to the Federal Government the re-
| quisite power and authority to secure all the
| objects of the Preamble, and to give effect to
all the provisions of the instrument!
| But the trainers of the Constitution, very
| happily, it seems, were not content to declare
| the objects OF the instrument and to specify the
particular things requisite for securing them
| AS if determined to cut off objections arising
from the supposed danger of the Government
acting upon implied powers" they proceeded
to say distinctly that the Government should
hare powers commensurate with the duties thus
devoving on them.
Congress shat hare power I" TO make all
tcics which shall be necessary for carrying into
effect the foregoing powers, and ALL powers
vested by this Constitution in THE GOVERN
| MENT OF THE UNITED STATES, or in
any department or officer thereof"-An. l.
| Sec. g, Clause lS.
| This Constitution, and the LAWS OF THE
| UNITED STATES which shall be made in pursu-
ance thereof, and all treaties made or which
shall be made under the authority of the United
| States, SHALL BE THE SUPREME LAW OF THE
LAND, and the Judges in every State shall be
| bound thereby, ANYTHING IN THE CONsTITU
| TON OR LAWS OF ANY STATE TO TIE CONTRARY
NoTwIrnsTANDING."-1rt VI, Clause 2.
This is sufficient to settle the question, il
any language can do it, or if the intention y
it to be COLLECTED from the words" Strict
construction and the rule of the Supreme Court
thus decide, And if we 60 to contemporary
literature and history for the "spirit and in
tent of these clauses, the same result will be
reached. On no subject was the country more
wide awake and vigant than on this, of the
powers of the Federal Government, and of the
relative position of the Federal and State au
thorities. And notwithstanding all the iealousies
and opposition which the trainers and friends
OF the Constitution encountered on this very
point, the Constitution, as framed and ratified
reads rs above quoted, which it would not have
done, unless the great ma jority of the Conven
ton and of the adopters had intended what the,
said.
Now for the application of this to the ques
ton OF Federal abolition of Slavery. Among
the powers vested, by the Constitution, in the
Government of the United States" this wa.
one: =" The United States SHALL guaranty t.
every State in this Union q republican form O
&c Al
power vested" There is a specific duty en-
joined. And Congress shall have power t,
make all laws which shall be necessary for carry
ing =" this "into effect"
The general powers vested in the Fedora
Government, as involved In the declared object,
of the Constitution, namely, "to form a NOR,
perfect Union, establish Justice, insure domes
tic tranquility, provide for the common defence
promote the general welfare, and sec,rethe bless
ings Of liberty to ourselves and our posterity,
are powers which, like the specification abov,
mentioned, not only authorize but require thu
suppression of Slavery. And, in the clauses nov
under consideration, we find the powers are no
merely implied. They are expressly conferred
For Congress shall have power to make al
laws which shall be necessary and proper fol
carrying into execution u" all powers vested BY
this Constitution in the Government of the
United States" &c.
just so, of "the privilege of the writ of ha
beas corpus and the inviolabiIty of liberty ex
cept "by due process of law" Among "ths
powers vested by this Constitution in the Gov
eminent of the United States" lone of the trust,
| committed into its hands, the duties devolved
upon it, this scas one, namely: to secure te
every man this privilege" this liberty" thi.
"process." And " Congress shall have power
| TO make all laws which shall be necessary ant
proper for carrying it into execution" by estab