Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-02-09
Amendment Of the Constitution.
SPEECH OF
HON. WILLIAM {. FlNCK,
OF Ohio,

.-. or Ohio,
In the House Of Representatives, Jan. ~, 1860,
on the Motion to Reconsider the Vote by which
the House, at the last Session, rejected the Joint
Resolution Is. No. 16) submitting to the Legis-
latures Of the several States Proposition to
amend the Constitution Of the United States 80
as to Prohibit Slavery in the several States.
Mr.. FINcK. Mr.. Speaker, the resolution
under consideration has been discussed so
fully that shall content myself with stat
ing very briefly some of the reasons why
shall vote against its passage. do not pro-
pose, Mr.. Speaker, to enter into any dls-
cussion with regard to the power OF Con-
gress to pass this resolution, or of three
fourths of the States to ratify it as an
amendment to the Constitution. Sir, there
are considerations outside of the mere ques-
ton of power which will control my action.
1t seems to me that gentlemen have mistak-
en- the true issue involved when they argue
that opposition to this resolution is to favor
slavery. Sir, know that for myself am
not tile friend or advocate of slavery. L
know that the Democratic party OF the
North is not now and has never been pro-
slavery party. In speech which deliy-
cred ON this floor at the last session, took
occasion to say that do not defend slav-
cry. am not its advocate or friend. L
have no interest whatever in the institution.
If it must die, as the legitimate result OF
the organization of the rebellion, let 1t
perish" repeat that to-day. :.
This is not a question whether slavery. is
right or wrong. 1t is not question
whether slavery ought to be cotinued or
abolished; but it involves the question
whether we are willing to surrender to the
Federal Government the power to Interfere
with and regulate the domestic affairs OF
the States. | will not consent to aggregate
new powers in the hands of the Federal
Government at the sacrifice OF the States.
This proposition rises to such importance,
that in my judgment, If in time OF pro-
found peace it was adopted, and attempted
to be enforced by three-fourths Of the States
against the protest of the remaining one
fourth, it would produce war; and If this be
| true, how unwise is it now, when we are
engaged in this smost unfortunate war grow
ing out of sectional rivalries and prejudices,
| to add this new element of discord to the
strife.
Sir, the commotions always attendant on
civil war and revolution are not adapted TO
that calm and deliberate thought and in
|
i'm the fundamental laws of nation. In
times like these, unfortunately, men ere
more apt to take counsel of their passions
than of the true glory and welfare OF the
Republic. | believe the adoption OF this
amendment will postpone peace, and OBJ
struct the return of the States to the Union
| Ii will intensity the strife, and add new
troubles to the adjustment OF questions
which sooner or later must be committed tc
the hands of peaceful negotiation.
There was no question discussed in the
Convention which framed the Constitution
more carefully considered than that OF tht
division of powers between the States anc
the Federal Government. 1t was upon this
great question that parties in the Conven.
ton were organized, and the plans proposed
in that Convention, giving to the Genera
Government the power to supervise ano
control the legislation of the States, were
rejected by large majority. The Conven'
ton was firmly opposed to strong ndttona
Government, and in favor of a Govern
ment with limited and well-defined, specific
powers, with reservation to the State
and people of all the powers not delegated
And an examination of the proceedings o
the several Conventions of the States callct
to ratify the Constitution, will show how
anxious the people were to guard the re
served powers of the States from any IN
vasion by the Federal Government, ant
that they insisted on an amendment whicl
declares that
"The powers not delegated to the United State
by the Constitution nor prohibited by II to tn
States, are reserved to the states respectively or
the people,"
Gentlemen in this discussion have seel
proper to denounce what is denominate'
Estate rights" do not precisely under
stand what they mean by this course O
argument. If it is meant that the State
have no right to seeede and destroy tn
Union, 1 Will agree with them in that, be
cause / deny the existence of any sucl
right. But if it is meant that the States d.
not possess certain well-defined and under
stood reserved powers, which are sovereign
in their character, and which cannot b
invaded or subordinated by the Fedora
Government, then take issue with them
The United States. under the powers dele
gated to it by the Constitution, is suprem
In the exercise of all powers thus delegated
The Constitution is the life of the Fedora
Government; it cannot exist without il
and outside of that instrument enjoys n
powers, Within the powers delegated +
It by the Constitution it is supreme; bu
the States are also supreme in all their re
served powers. Both the Federal and Stat
Governments are supreme each in their ow
respective and constitutional sphere. Doe
any gentleman cnntrovert this proposition
Even Alexander Hamilton, the ablest an
strongest advocate of centralized powel
admits this much. In speech which h
delivered in the New York convention h
said:
"The laws Of tho United States are supreme as
all their proper constitutional objects. The laws
the States are supreme in the same way. Suppo
both Governments lay tax of a penny on an articl
had not each an uncomfortable power to collect /
own tax The meaning of the maxim. there cam
be two supremes, is simply this-two powers cam
be supreme over each other.
And, speaking further on the same sui
ject he says; H'
"I maintain that the word supreme imports
more than this that the Constitution and laws MAJ
in pursuance thereof, cannot be controlled or defea
by any other law. The acts Of the United State
therefore will be absolutely obligatory as to all pr
per objects and powers Of the General GoyernmeI
The States, as well as individuals, are bound
these laws but the laws Of Congress are restrict
to certain sphere. and when they depart from tt
sphere they are no longer supreme or binding.
the same manner the States have certain indepen
emit powers in which their laws are supreme. +
example, in the making and executing laws concer
ing the punishment Of certain crimes, such as mu
der theft &C., the States cannot be controc
With respect to certain other objects, the powers
the two Governments are concurrent and yet S
preme."
understood my colleague Mr.. CARTEL
To saw, In his speech on this subject, that Il
sovereignty OF the American people can
down In regular succession from the Briti'
Crown, and he gave its "genealogy" thu
"First the Crown and Parliauent Of Great Britai
second the revolutionary Congress- third the Artic
Of Confederation and fourth and now, the Constit
tion Of the United States" i's nf f-l
have been taught a different doctrin
T have heen taught that sovereignty in tl