The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1865-02-24

my colleague from the Toledo district,
fMr AsbIov,) in tho speech which he made
tho other day, told us with reference TO this
report:
"'lf read the Constitution Alright. nnd
understand tho forco of language. the sec.
ton which i hovo just quoted is TO day fiee
from all limitations aud conditions save
two. ono of which provides mat the 81 ffruee
of tho several States in tho Senate shall be
| equal, aud that no State shall lose this
equality by any aincndmcn, Of tho Coreti.
tuticG without its conseni; the Other relates
! TO taxation. Tbcso arc tho only conditions
and limitations
Il deny it. assert that thoro is another
limitation su onger even than the letter of
the Constitution; and ,ha, 10 to be found in
its intent and lis epi,it and ITS foundation
idea. / put tho question which hus been
put before in this debate: can three-fourihs
OF tho States coDstitutionslly change this
Government. and mako It an autoclacy: IL
is no, prohibited by tho lolter OF the Con-
stitntion.
1T docs not como within the two classes
of limitations and conditions asserted by
my colleague Why is il that this change
cannot be made: will tell you why. Il,
is because icpublicauism lies at the very
and TO overthrow that idea s not to amend :,
but to subvcrt tho Constitution Of the
United States; and cay that II three fourl lie
of The States shouid undertake. to pass an
amendment OF that kind. and Rhode Island
alone dissented. she would have tho right TO
resist 10y force; aud her cause would TO sa-
cred IN the eyes OF Just men" ... .
j, ffc'son Davis and his fellow cons pira-
tors will ask for no better defense Of their
| rebellion. Sonth Carolina will ask no more
than to be placed in the same category With
Rhode lsland--iu the gontlemans arpu.
ment. South Carolina being her own Judge.
her cause IL "eacrCd in the eyes Of Just men
and sancified in the eyes OF a just God"
He goes tebind the letter Of the CoDsti-
tuton. and finds refuge for slavery in i,s
intent. and with that 10 ,ent ho declares VIC
have no right TO deal in tho way of amend
mcnt. -'' ..
But lie has gone even deeper than the
spirit ard intent of tho Constitution. He has
announced discovery to which am sore no
other Statesman will lay claim. He has
found domain where slavery can 70 more
be reached by human law than tho life of
Sa'nn by the sword Of Michael. He has
marked the hiher boundary of this newly
discovered continent. in his response to tho
question of the gentleman frCm Iowa, (Mr.
WiisoD) ] will read il: gs.' -a.. '
II will not be drawn now into q diecua.
sion with the gentleman as TO tho origin OF
slavery, nor to the law which lies behind
the Constitution Of tho United States. by
which these people are held to slavery"
Not finding anything in the words and
phrases OF the Cons ,iiulion tha, forbids an
amendment aholishing slavery, he gees
behind all human enaciments, and far
away, among the eternal equities, be finds
a primal law which overshadows states,
nations and constitutions, as space en-.
velopes the universe, and by its soIemn
sanctions. one human being can hold az.
other in perpetual slavery. Surely hu.
man ingenuity has rever gone farther 10
protect maIefaclor, or defend a crime
! shall make no argument with my col
league on this point, for in that high corr,
10 which he appeals, eternal justice dweIls
with freedom, and slavery has never en-.
tered.
lnow turn 10 the main point OF bis ar.
gument. He has given us the key 10 his
theory Of the Constitution in the words
which the gentleman from RhoGe Island
Mr.. Jencks) commented upon last even.
ing. Upon these words resIs Tie strength
or weakness OF bis position. He describes
the Constitution OF the United States as
"compact of confederation.
III understand the gcnteman,h holds
that each state is sovereign; that in their
sovereign capacity, as the source and
foundation OF power, the States, each for
itself, ratified the Constitution which The
convention had framed. They did no,
gran. TO Inc Federal Government The
right 10 control the subject OF slavery
That right still resides iD the States sew.
orally. Hence no amendment Of the
Constitution by three fourlhs Of the States
can legally affect slavery in the remain.
ing fourth. Hence no amendment by the
modes pointed out in the Constitution can
reach il. This, 1 believe, is Il succinct
and just statement OF his argument. The
whole question turns upon the sovereignty
of the States. Are they sovereign and
independent now? Were they ever so? l
shall endesvor to answer.
appeal 20 the facts Of history, and 10
bring them clearly before us, I affirm:
l. That prior 10 The 4,h day OF July,
l776, these colonies were neither free nor
independent. Their sovereignty was
lodged in the crown Of Great Britain. /
believe no man will deny this. 1t was
admitted in the first declaration of rights,
put forth by The revolutionary Congress
that assembled in Philadelphia in 1774.
TO pray for redress Of grievances. That
body expressly admitted that the sover.
eighty of The colonies was lodged in The
crown of Great Britain. II has been