FREE BOOKS

Author's List




PREV.   NEXT  
|<   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53  
54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   >>   >|  
he denied the power of Congress to abolish slavery in the District, unless the inhabitants owning slaves petitioned for it!! Southern members of Congress at the present session (1837-8) ring changes almost daily upon the same fallacy. What! pray Congress _to use_ a power which it _has not_? "It is required of a man according to what he _hath_," saith the Scripture. I commend Mr. Wise to Paul for his ethics. Would that he had got his _logic_ of him! If Congress does not possess the power, why taunt it with its weakness, by asking its exercise? Petitioning, according to Mr. Wise, is, in matters of legislation, omnipotence itself; the very _source_ of all constitutional power; for, _asking_ Congress to do what it _cannot_ do, gives it the power!--to pray the exercise of a power that is _not, creates_ it! A beautiful theory! Let us work it both ways. If to petition for the exercise of a power that is _not_, creates it--to petition against the exercise of a power that _is_, annihilates it. As southern gentlemen are partial to summary processes, pray, sirs, try the virtue of your own recipe on "exclusive legislation in all cases whatsoever;" a better subject for experiment and test of the prescription could not be had. But if the petitions of the citizens of the District give Congress the _right_ to abolish slavery, they impose the _duty_; if they confer constitutional _authority_, they create constitutional _obligation_. If Congress _may_ abolish because of an expression of their will, it _must_ abolish at the bidding of that will. If the people of the District are a _source of power_ to Congress, their _expressed will_ has the force of a constitutional provision, and has the same binding power upon the National Legislature. To make Congress dependent on the District for authority, is to make it a _subject_ of its authority, restraining the exercise of its own discretion, and sinking it into a mere organ of the District's will. We proceed to another objection. "_The southern states would not have ratified the constitution, if they had supposed that it gave this power_." It is a sufficient answer to this objection, that the northern states would not have ratified it, if they had supposed that it _withheld_ the power. If "suppositions" are to take the place of the constitution--coming from both sides, they neutralize each other. To argue a constitutional question by _guessing_ at the "suppositions" that might have been made b
PREV.   NEXT  
|<   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53  
54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   >>   >|  



Top keywords:

Congress

 

constitutional

 

exercise

 

District

 

abolish

 

authority

 

states

 

objection

 

source

 

legislation


petition
 

southern

 

supposed

 
suppositions
 
ratified
 
subject
 

slavery

 
constitution
 

creates

 

expressed


people

 

petitions

 

provision

 

citizens

 

confer

 

obligation

 

expression

 

bidding

 

create

 

impose


neutralize
 
coming
 
withheld
 

guessing

 

question

 

northern

 

answer

 

discretion

 
sinking
 
restraining

dependent

 

National

 
Legislature
 

sufficient

 
proceed
 

binding

 
Scripture
 

required

 

commend

 
possess