Year: 1862

Remarks in the Senate upon the Emanci-


patton ELL.


The Senate in Committee of the Whole re-
sumed the consideration of the joint QIouse) res
olution for the gradual abolition of slavery, the
question being on the adoption o. the amendment
proposed by Davis of Kentucky, pledging the
faith of the Government that the value of the
slaves shall be paid upon their emancipation
Browning of Illinois made few remarks in sup
port of the original resolution, and was followed
by McDougal who addressed the Senate as fol-
lows


"Mr. President: Before voting on the resolu-
tion reported to the Senate from the Committee
on the Judiciary l think it my duty briefly to pre-
sent the reasons which will govern my action.


"There is TO Senator on this floor who more
highly approves the sentiment conveyed by the
resolution than myself There is no Senator on
this floor who would be more rejoiced to see our
border slave States relieved from an institution
which to them is an incubus; and no one person
ally l Think according to my own means, would
go further to aid in such purpose. Appreciate
the generous purposes on the part of the Execu-
tive that induced the communication of which this
resolution is the result But have learned in
the school wherein l studied the Constitution of
my country that this Federal Government was
one Of limited powers contained and defined in
the grant of powers, and that nothing was granted
to this Federal Government but for the purposes
of administration and government-for public and
general purposes. Is there or is there not any
posing of the moneys assessed upon the people
and brought into the Federal Treasury May it
or may it not be expended for any and for every
purpose If they can be expended for all pur-
poses or for any purpose in the will of Congress,
then there can be no objection to this measure,
so far as the question of power is concerned. But
if there be limitation, would ask what limita-
tion And then, if l were to answer the ques-
ton asked would for its resolution look to the
Constitution. 1t is not at this time denied but
that the Federal power is granted by the terms,
express or implied, in the Constitution. The pow
er granted is the limit of power. The question
tncn is, is the power granted That is, the pow
err to take moSev from the Federal treasury, not
for the purpose of government, not for any pur-
pose indicated in that instrument, bus as charity
to any one of the States of the Union who may
come and ask particular cherity at its hands. l
do not myself with the instructions | have had,
to make ourselves almoners for the States of this
Union any more than we have for the States of
Europe. Could we appropriate S2O,OOO,OOO to
maintain the rights of the Government of Italy,
as against France, allied if you please, with the
Government at Rome? We would neither have
the right nor the constitutional power, but we
would have both the right and the constitutional
power to the same extent as to be almoners of
the bounty of the Government by distributing mil
lions to the States of this Union.


'However benefcent these acts of charity might
be, however much they might subserve the har-
monv and peace of the Union, It is our office only
togo to the extent of our commission. The Con-
stituton of the United States is the commission
under which we act, and going beyond it is vio-
aton of it, and much more so than falling short
of meeting its full requirements. If we can inau-
gurate such policy this, we can inaugurate
any other like policy for the mere purpose of char
ity. The Senator from Kentucky says that these
institutions belong entirely to the States. The
Executive affirmed the same doctrine that these
institutions belong entirely to the States. Ifthey
are evils in the States, and if they are hard to be
horne, it is not for to throw the burden of that
evil upon the people of Maine of California. 1t
is not the right of this Senate to impose upon the
people on the shores of the Pacific tax for the
purpose of emancipating the slaves of Kentucky,
Missouri or Maryland. There is no such power
vested in this Government, III one or in all of its
departments These are times of war, when great
latitude is INDUCED in, both in legislation and ad-
ministraton. However far such latitudinarian
policies may be generally approved, l feel myself
called upon when there is plain rule as think,
of constitutional limitation, to conform myself
to it.


1 have another objection to this measure. AS
much, say again, as l approve of the sentiment
expressed in the communication of the President
and the pending resolution, it would, in my judg-
ment, better become some place of discussion out
side the halls of Congress. 1t is brought forward