The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-01-10


own votes.
The first resolution declares:
" That this Government is of limited powers,
and that, by the Constitution of the United
States Congress has no jurisdiction whatever
over the institution of Slavery In the several
States of the Confederacy."
! voted in the affirmative on this resolution
understanding. however, that the words "institu
ton OF Slavery do not include the slave trade
upon which | think Congress has a right To
legisate. But | bold the Government of the
United States TO be one OF limited powers; and
| desire to apply the principle equally; and in
the same way that Congress has no legislative
jurisdiction over Slavery within the States OF
the South, it has no legislative jurisdiction
over the liberty Of the States of the North, and
especially has no power, by the very principle
of this first resolution TO DO that which it is the
sole object Of the succeeding resolutions TO do
because, by the positive limitations of the Con.
stituton, the freedom Of thought and of speech
and the right OF petition, are expressly saved
from all diminution or Arrangement.
The second resolution rams as follows:
"ReSOioed, That petitions for the abolition
Of Slavery in the District of Columbia anS the
Territories of the United States and against the
removal Of slaves from one State to another, are
a part of plan of operations set on foot to al
feet the institution of Slavery in the several
States, and thus indirectly to destroy that in
/ stituuon within their several limits
voted IN the negative on this proposition,
/ Tor these among other reasons. Many of the
/ petitioners ! well knew do not look al Interior
/ objects, beyond those which are within the
jurisdiction OF the Congress; not did know of
any others, who, having Interior objects, con
template the accomplishment Of thom BIZ ,tRldlc-
/ fid means And in either alternative, when
I .f La, t.I
| in a lawful way and for lawful objects. Congress.
/ has, in my opinion, no business to make inguisi
ton into their private motives, as a reason for
refusing to consider the lawful prayer Of their
! petitions. Their motives are thing between
/ them and their God IL Congress may, by the
arbitrary fat Of a majority, establish one such
/ standard, 1t may another; and NAV as well refuse
/ petitioners q hearing because of their party
| opinions or their religious opinions, as because
OF their disapprobation Of Slavery. When and
where is such tyranny to stop? Constitutional
freedom is but a mockery and an idle name, Il
Congress may thus prescribe It's own arbitrary
rule for the exclusion Of petitions because of
the interior motives or abstract opinions of
men, and set itself up as a court of conscience
| over the people of the Unitel States.
| BY the third resolution it was
! "ItcSOtred, That Congress has no right To
| do that indirectly which it cannot do directly.
and that the agitation of the subject of Slavery
/ in the District OF Columbia, or in the Ter
/ ritores, as a means or with the view of dis
I turbing or overthrowing that institution in tba
several States, is against the true spirit ard
meaning OF the Constitution, an infringement
OF the rights Of the States affected, and a breach
OF the public faith on which they entered into
/ this Confederacy."
! This resolution was divided. and | voted
| n m al ! rtr / 81
and deny the conclusion. The ideas hers
presented, IN connection with what precedes.
taking as well the implications Of the several
/ resolutions as the direct assertions, are these
Congress has constitutional power to abolish
Slavery IN the District of Columbia. and tbe
act would be in itself proper and right.
! And Congress has constitutional power
! prevent the removal of the slaves from State TO
State, and the act would be IN itself proper and
right
But Congress has no right to do that Indirect
ly which 1t cannot DO directly.
And if, in the exercise Of iusl constitutional
power 10y an act proper and right in itself, it
sees that the act will have an incidental moral
influence or indirect effect over some thing not
within It's direct power, then it must abstain
from aud refuse the performance Of the act in
itself constitutional and proper to be performed,
and refuse to agita;e. discuss, and consider peti
tons concerning, or think upon, the subject
matter ITSELF
but onsress has no power to abolish Slave
r. within the several States.
And the abolition of Slavery IN the District
OF Columbia and of the slave trade between the
states would by us Incidental moral influence
tend to " disturb or overthrow the institution of
Saver within the States, as everybody knows.
Therefore, Congress has no right to diseuss
ing or affecting Slavery in any way, though for
thing proper in ITSELF and within the constitu-
uonal power Of Congress
Such IS the process of reasoning COMPRISED
IN the third resolution and venture to say
thaf meyer was greater string Of absurlties,
course OF argument more inconceiyably weaE
and sophistical reSolred and affirmed bv a bodv.
OF high-minded statesmen. Its gross fallacy i
apparent, indeed, on the face Of 1t for IL ends
by multiplying and denying tho powers which in
the outset 1t grants ard asserts that is 10 say.
assumes that q tang as, for the purpose dnd
as me me;ss Of prOrjHq Aat Il is not And
the sbsurdity will be still more manifest bv an
plying the doctrine to other cases, apart from
the subject Of Slavery, which, in the present
case, has thrown Its black shadow over the
minds OF so many intelligent, upright, and
honorable men, and interposed between them
to prevent right conclusion.
Congress has no right, it is said, 10 do that
indirectly 1chich Il caras< do directly; and this
Is the cap-stone u the whole argument Let
US see hew this doctrine affects tho granted and
essentially necessary powers of Congress.
Congress has no -ight to pass law expressly
to deprive one OF any private property; but the
passage of the sub-treasury bill viii do tbis in
directly; therefore, Congress has no RIGHT 10
pass the sub-treasury bill.
Or, Congress has no right to pass q law OK.
pressly transferring the business of New York 10
Charleston; but the exaction of specie in nav.
ment OF duties will lit is argued by one Of tn,
friends of the measurol tend to do this indirec,-
therefore, Congreaa sas no right to reanire the
payment Of daties in specie.
congress has no right to pass a law expressly
taxing away the life of any citizen but military
operations will inevitably DESTROY life there
fore, Congress has no right to declare war. raise
ana support armies, or provide and maintain
q aavy,
Congress has no power to pass law EXPRESSLY
TO make me a rich man ; but a duty of INV ner
cent ad valorem on foreign cottons or sugars
VIII have the same effect indirectly; and there
fore Congress has no power to lay and collect
TAX, as duties. imposts, and excise.
These examples might be multiplied to in
nhlty. In fact, you may take up the Constitu-
ton OF the United States, and there is not a
Single one OF the granted powers of Congress.
the exercise of which will not effect indirectly
some result which Congress cannot censtitu-
uonally reach by direct act. And YOU may
open the statue book Of the United States. and
compare the laws enacted with the parlimenta
ry debates corresponding to them, and there is
L.