« 上一頁繼續 »
FROM TAK PITTSFIELD SUN.
westerly, with the restriction, and off against the We have no right to interfere in opposition to slave holding states, without it.
the determination of the slave holding states, fur. Gentlemen have said, that people of the North ther than the constitution has authorised. These emigrate to the South, and readily assimilate, and states were sovereign, and could make what rebecome slave-holders; and that the existence of gulations they would, as to slavery. They have slavery forms no objection. This may be the case, delegated to us no other authority than that of and undoubtedly is, with certain individuals, and prohibiting further importation, after a certain particularly such as are able to hold slaves. But period. It is then an evii wbich we have not creatit is far from being the case generally. The peo ed, nor does it even exist and continue by our perple from the North, who emigrate, are the indus. mission. We are, in fact, by the most solema trious yeomanry, who till the earth with their own obligation, precluded from the right to molest hands; and are seldom, if ever able to purchase those states in the exercise of this power. Not slaves; and whose spirit of freedom would revolt having the power to prevent it, the iniquity can. at the idea of being compelled to work side by side not lie at our doors. There is no ground on which with slaves. For proof of this, look at the states we can demand to be their conscience-keepers. of Ohio and Kentucky. The fertility of soil and They must answer for the wrong, and not, we. congeniality of climate, for agricultural purposes, Under this view of the subject, I shall deem it is in Puvor of Kentucky; yet you can scarcely find my duty not to vote in favor of the restriction in & northern man in that state; while Ohio is almost relation to Arkansaw-at the same time I shall go exclusively peopled from the North-and has in. any reasonable length with those who would insist creased in population much faster than Kentucky. upon the restriction in relation to Missouri. There cannot possibly be any other reason for this, unless it is that Kentucky is a slave-holding, and Q That a full vietu might have been given of the Obio a non-slave-holding state.
"whole ground," the editor regrets hus inability to Gentlemen abhor sectional lines of demarkation furnish the speeches of several members who opposed between the different descriptions of population in Mr. Tallmadge's proposed umendment, as being unthe union, and so do I. When they can be avoided, constitutional or impolitic-they have not been publishI would avoid them. But we have them in rela-ed. The following letter, however, from Mr. Shaw, of tion to this subject already. The line is distinctly Massachusetts, to his constituente, may be considered marked. It is, I confess, one of our misfortunes. as enlarging the sum of the arguments in respect' lo But, sir, it is unavoidable. We have beretofore the unconstientionality of the proceedings. found it necessary and proper to observe it in form. ing states north of the Ohio, without admitting, SIR:Some of my friends baving expressed s and south of the Obio, with the admission of slaves. wish to hear from me the reasons and motives Having so begun, we must continue on. And in which induced the vote I gave on the bill “to audoing so, we must, as in the case of every other thorise Missouri to form a constituti n;" and since Jegislative act, exercise a sound discretion; and do the election is past, and no molive but the real that which shall best comport with the demands of one man be ascribed, I embrace, with cheerfulness, the different and varying interests of the different the opportunity afforded of complying with their portions of the union.
request. The right of the constituent to demand I am, therefore, in favor of no restriction in rela- of his representative an explanation of his conduct tion 10 Arkansyw, although I was, and still am, in is acknowledged. The liberal and candid will favor of adopting it in relation to Missouri. The always strive to be just their opinions I value, settled part of Arkansaw will be south of the The factionist and critic can never be appeased; southerly line of Kentucky. In my opinion, to do their applause or censure is immaterial to the justice to our southern brethren, they ought to repose of a conscientious mau, have permission to carry with them their slaves, The territory of Missouri furms a part of the even further north. But as Missouri extends south country purchased of France, under the general to this line, and we could not admit slavery in any denomination of Louisiana. Its inhabitants petitionpart, and not in the whole, there seemed to be no ed to congress for permission to form a constitualternative but to confine ihe admission of slavery\tion of state government, preparatory to their ad. to the south of that line.
mission into the union. A bill was reported in The gentlemen of the North need have no fears, compliance with their wishes. It was, in substance, I believe, that the slave-holding states will become similar to those which has passed in favor of predominant, and prevent our doing all that it may Tennessee, Ohio, Louisiana, Indiana, Mississippi, be proper for us to do, to prevent this growing Illinois, and Alabama. When the bill was called evil. We now have the numerical force: we bave up in the house of representatives, an arrendment, & majority of ten or fif een in the representation 00 to the following effect, was submitted: "And prothis foor, as a guarantee against it. This majority" vided, that the further introduciion of slavery, will i:crease upon the taking of every census. By " or involuntary servitude, be prohibited, except recurring to the census of 1800 and 1810, it will for the punishment of crimes whereof the party be seen ihat the incresse is from 25 to 30 per ceni." shall have been dnly convicted and that all against the slave-holding section. Add to this, “children born within the said stule, after the ad. that the slave portion of the increase gives but "mission thereof into the union, shall be free at the three fifths of ibe increase to the weight in this age of 25 years." Tbis amendment formed a house.
condition, with which Missouri must comply be. Neither have gentlemen any cause of alarm for fire she became , state, and incorporated with her fear ibat the nen of the South will be for the constitution, denied to Missouri the exercise of : pepeal of the law prohibiting the importaiion of|right of sovereignty after her admission into the slaves. They have litherto manifested as much union. of a disposition to put a final stop to tbat nefarious I was opposed to the ameodment, because I her practice as could have been wished-that no doubt lieved it contrary to the constitution. In article can be entertained of the slexdiness of that disposi. 4th, section 3d, it is declared, that "new states tion.
may be admitted by congress into this onion." Sor. To YOL. XVI.
And in section 4tti, “The United States shall law was passed under one administration. It was
guarantee to every state in this union a repubby construction that the bank of the United States
gress to admit Missouri into the union-to this Massachusetts has a claim upon the federal go-treaty the house of representatives have assented. vernment, for the services of her militia, to an im That body voted the appropriation to carry the mense amount. How was this claim created, but same into effect. Congress thereby agreed to in the exercise of her supposed sovereign powers ? admit Missouri "into the union" as a sovereign And upon what other principle does she calculate state, "to the enjoyment of all the rights, advan to urge iis liquidation ?
tages, and immunities of citizens of the United But it may be said, that, although Missouri States,” and yet congress, by this amendmeni, should come into the union with this conditional says to Missouri, you shall not be admitted as a sovereignty, that after her admission, she might sovereign state, and your citizens shall not have alter her constitution, and establish slavery. If the same rigkts and advantages that citizens of this be admitted, then the amendment, against every state may have, and that the citizens of elewhich I voted, would be nugatory-nay, it would ven states absolutely enjoy. A clearer and more be worse-for, if no practical good could flow from fair interpretation of a treaty, in my opinion, ws3 the proposition, unless with the assent of the peo- never made. ple of Missouri, why legislate at all on the subject? The reasons flowing from the constitution and It was the wish of those who voted against the the treaty, would have been sufficient, had they proposition to leave Missouri, as all the other new stood alone, to have controlled my vote. But they states bad been left, to act on this subject as they were strengthened by considerations of policy; thought fit and proper. I was also influenced, in The opinion of mutual interest is the chain which some degree, by reasons flowing generally from binds these states together-change this opinion my views of the constitution. f bave learned not for one, that a section of this country is hostile to only to regard the federal government as one of the interest of another, and distrust and jealousy delegated powers, but that those powers, being ex ensue-make that hostility palpable, and the union pressly granted, should be construed strictly. Con would not last a day. The slave-holding states, structive or incidental powers, in congress, give like the non-slave-holding slates, are alive to all to that body too great a scope. Depart once from questions that touch their property—and however the land marks which the constitution has fixed, humiliating it may be to speak of human beings as and congress may take to itself any power it property, the constitution and laws of our country pleases-the rights of the states will be denied consider the slaves of the south as such. Any or disregarded-tbe government will become a question calculated to affect the value or the right consolidated oire-and the liberties of this people to this species of population, could not bet be well be løst forever. I would confine congress to regarded by our countrymen of the south with the the powers erpressly gronied. The danger of con. utmost jealousy. The country west of the Missis. solidation was the apprebension which startled sippi was purchased with the joint funds of the some of the firmest patriots in the country when nation-wall, therefore, had a joint interest in it. the constitution was adopted. There is a constant But the amendment proposed, by excluding sisves tendency in the federal government to accumulate absolutely excluded the population of all the south
It was by construction that the sedition 'ern, and a part of the western states, from that
fertile domain. This furnished another ground of which committee had also been referred a bill for distrust-besides, it exhibited a spirit of monopoly modifying, in some respects, tbe staff department altogether incompatible with that harmony and of the armygood will so essential in preserving the union of Mr. Couston, of Virginia, said be hoped that the states. It created a distinction between slave. gentlemen would take up the sppropriation bill holding and non-slave-holding states; 2 distinction first; and that they would not, at this time, urge that loses none of its mischievous qualities from upon the committee the consideration of a bill of the ability to trace it on the map of our country. so much importance as the other bill referred to Woo that regards the union of the states can con that committee, which so short a time had been template the feelings which the agitation of this allowed to examine. question excited, without emotion? And who, in T'he appropriation bill was taken up; and having Deflecting upon it, is not strongly reminded of ibe been read throughadmonition of the father of his country, to "frown Mr. Clay (speaker) said, that, although he ap: with indignation upon the first dawnings of an proved entirely of the course the house had pursued attempt to array one portiou of the inhabitants of of taking up the public business of the session, in this country against another."
preference to the tedious sittings they had lately And, after all, what has this question to do with held for the adjudication of private claims, he the principle of slavery. Our ancestors brought must confess he was somewhat surprised at the this unfortunate race of beings into our country; scantiness of the information which he had heard, they have nultiplied to an alarming extent; they whilst in the chair, the chairman of the committee are ibe property of our fellow.citizens, secured to of ways and means was able to afford to the house them by the constitution and laws of the United on the subjecis embraced in the bill. He had given States, Tbeir number forbids the idea of general notice, he said, yesterday, to the gentleman, that emancipation-what then does policy require in he should make the enquiry of him, when this bill relation to them? That we should prevent the came up, as to the amount of money congress had increase, by importation, by the most rigid execu- parted with, and the amount it was now called up. tion of the severest penalties. This we are attempt on to appropriate, for the purpose of making roude. ing; and I had the pleasure of voting for a law, at was with surprise, Mr. C. sail, he had heard the late session, inflicting the penalty of death on from the gentleman, after this notice, that he had any one convicted of importing a slave into the no information on the subject. He hoped, he said, United States. What does humanity demand ? the gentleman would refresh his memory, and find That we should confine them forever within the under what item of the bill the appropriation was present limits of the slave-bolding states ? or suffer made for extra pay to the army for the purpose of the master to emigrate with his slaves into western constructing military roads. 1: was very important America, wbere, from the extent, the fertility, and that the house should have this information. It produetions of the country, they must be more would be recollected that, at the last session, this Tenderly treated, better fed, and, in all respects, great constitutional question of the power of contheir condition ameliorated ? Considerations of gress to make internal improvements had been this nature, however, apply only to the expediency discussed in this house; it would be recollected of the amendment; with me they had their weighi. that whilst the power of the executive branch of Upon the whole, the question was one abounding the government to employ the labor and money of vitb difficulties--the most delicate, and perhaps the nation on objects of internal imprivement bad tbe most perplexing task a national representative been strenuously maintained, the saire power was finds himself called on to perform, is to discriminate as strenuously denied to congress. Mr. C. said, justly between the powers of the federal and state he had understood, that, in addition to the northgovernments. Ishall, probably, always err on this ern road to which the gentleman had alluded, Subject, because I am firmly persuaded that the other roads, bearing the denomination of military federal government has powers amply sufficient for roads, were making-for example, a great and the great purposes for which they were given, and magnificent road from the Tennessee river io lake my anxiety to secure the states and the people in Ponchartrain; and that over this military road it all their rights may lead me into overweening was proposed very soon to march & dev.chment of jealousy. One of the great questions which divided stages couches, proposals having been already made the people of this country into ibeir present politi to the post office department to avail itself of the cal parties was involved in the principle of the services of this new description of military curps. amendment. Abhorring slavery, in any form, as if it he the pleasure of this house, said Mr. C. 10 much as any man, could I have believed the princi- fold its arms, and see, one by one, every power of ple of slavery involved in the question, I should government taken from it-the power to lay taxes have obeyed the dictates of my own conscience, -o make war-to apply the sword anr} purse of and voted for it—but, instead of slavery, I thougbi the nation, be it so. But, for his part, Mr. C. said, I beheld a principle dangerous to the peace, the he desired information; as that which the house liberties, and union of this country. I therefore now had was extremely unsatisfactory. He begged yoted against it.
the attention of gentlemen to it. Mr. Speaker then With great respect, I am, sir, your
friend, read tbe few first lines of the letter of the secre.
HENRY SHAW. tary of war to the committee of ways and means Lanesborough, April 17, 1819.
-until he came to that part of the lettes, speaking of the documents being so voluminous as to
make it necessary, to save the time required for Military Establishment.
copying them, to send the originals. Documents Sketch of proceedings, in the house of representatives, so voluminous, Mr. C. said, that notwithstanding on Wednesday, Jan. 6, 1819
the number-How many clerks were there in ile The house baving resolved itself into a com. war departme.it? he really could not count thein mittee of the wbule, Mr. Nelson in the chair, on - they could not be copied. These documents, the bill making appropriations for the support of só voluminous that they could not be copied, be. the military establishcent for the year 1819-to cause there were so few clerks in the war deparı.
ment, considering that they related to the ex-jtion going to establish that point. If language be penditure of some millions of dollars, afforded yet nut one thing, and intention another, he should feel yery scanty information. Sir, said Mr. C. upon my himself, on every principle of propriety, warranted unfortunate friends, the patriots of South America, in giving bis vote in favor of an item, which, unul We can have whole volumes, nay, wbole libraries, otherwise informed, he should take to mean wbat copied and printed: but on this very unimportant it purported. We are already advanced into the Afinir, of appropriating six or seven millions of year 1819, and the appropriation for the last year dollars, some few fragments of papers are thrown being presumed to be expended, it was proper that into the house, and then we are told the affairs of this bill should pass without unnecessary delay, as the country cannot go on, the wheels of the govern. no money can constitutionally be drawn from the ment must stop, unless we forthwith pass the bill. treasury without appropriation by law. Mr. C. said, he hoped the honorable chairman Mr. Sarth, of Maryland, said he was very glad would look again at his notes, and see in what part that any thing had served to relieve the house from of the bill the appropriation for this fatigue money, the state of apathy into whicb' it bad fallen for as the expense of making the road is called, is some weeks past, So desirous were gentlemen contained. Mr. C. said he did not so much want now to take the floor, that they had gone beyond the information for himself, as for the benefit of the usual course of proceedings, which bad been, his honorable friend, who now sat in the chair, (Mr. to allow to the chairman of the committee who H. Neisor) who at the last session so pathetically reported a bill, at least the privilege of having the deplored íhat congress should attempt to appro. first word, He should not, however, permit bim. priate money for making roads-or for his eloquent self to be drawn off from the subject of the bill colleague (Mr. Barbour, who had advocated the into an argument, on a subject which had been bame side of the question. H: hoped one of those suficiently discussed in this house at the last gentlemen would move to strike out that part of session, and which was, besides, rathe: irrelative the bill when it was discovered where it was, that to the q!lestion before the house. Mr. S. tben the committee might see what it was doing, and went into a detailed statement, founded on informathat a clear expression might be obtained of the tion which the committee of ways and means had opinion of the house, whether the executive was sought and obtained from the war department, of to go on, at its own will and pleasure, to inake the component parts of the several items of approroads, without congress baving any other concern priation, and of the reason why the appropriations in the matter, than to pass the appropriation bill, recommended by the committee were less than the whenever the chairman of the committee of ways first estimates furnished to the house proposedand means chose to call it up.
this reduction of the amount being justified by Mr. P. P. BARBOUR, of Virginia, rose for the pur. the surplus of appropriation under the item of pay pose, he said, of thanking the speaker for the very remaining un-expended, and by the diminution of police and friendly manner in which he had ex- expenditure under the item of subsistence, oc. pressed an inclination to furnish him (Mr. B.) with casioned by the change from the contract to the information whereon to botłom his vote. That in- commissariat system of supply. Mr. S. thus went formation, Mr. B. said, he did not want: for be on, and separately explained the occasion for the did not mean, as long as he was a member of this several appropriations. In the course of his re. house, to submit either to legislative or executive marks, he stated, that among the contracts made assumption of power, When the subject was be. by the ordnance department, was one for cannon fore the house at the last session, he had freely suitable for the militia service, which he was very expressed the opinion he had ever entertained, that glad to hear of, considering it as of much import. neither this nor any departinent of the government ance. had the power to make roads in the several states. Mr. TRIMBLE, of Kentucky, as a member of the The gentlenian's kindness, therefore, ought to committee of ways and means, rose to notice what have been directed to some other quarter of the had fallen from the honorable speaker. The aphouse. Mr Barbour repeated, and he wished it propriation for extra pay to the soldiers for work. to be distinctly understood, that, as on the one ing on military roads &c. was certainly contained hand, he believed no two departments together in the bill, or the expenditure made under the possessed the power to make roads, so neither did order of the executive, was not merely under color any one of them. He did not mean, knowingly, of an appropriation by law, but was absolutely witàto vote for any item of appropriation intended to out any appropriation. The amount espended for cover that object. But, at the same time, be said, extra pay for fatigue duty, might, no doubt, readily Jie did not feel that he was now in want of any in. be ascertained by a motion for that purpose; but formation on the subject: for be found the first it was not in the power of the committee to afford iteta, now particularly under consideration, in it. There was, in the annual military appropriation Janguage repecting the import of which he could bill, an item of contingent expenses of consider. not possibly doubt, and which he could not hesitate able amount, but the precise application of which 10 vote for. It was this: "For the pay of the army, could not, from its very nature, be anticipated: it one million of dollars." What was the “pay of is an item in all appropriation bills, the expenditure the army." An act of congress has fixed the ot' which must be trusted to the discretion of the number of the army of the United States, includ- heads of departments and of the president. If he ing officers of every grade; the same authority understood that item correctly, out of it the prehas attached 10 every private certain proportions sident or the secretary of war might pay thie of pay, so much per month 19 the major generals, soldiers for extra duty, working on the roads, or and down through the whole graduated scale to other necessary military works. How could the the private. When, then, he was called on to give speaker attain his object but by lessening the apa his vole on this item, what was he to understand ? propriation ? And bow was it to be ascertained He was about to vote for that only wbich the con bow much, for this purpose, the appropriation for stituted authorities had declared should be paid: contingencies ought to be curtailed! Mr. T. said, if he was to vote for more, he should then be for himself, the thought the application of money indebted to the bonorable speaker for any informa. Ito the making of roads to be illegal, unless it wa
Specifically appropriated. He boped some more provides that no appropriation for the pay of the would be found of checking it by law, or of con- ruy shall be for more than two years ? Certainly. veying to the executive an intimation, i hat no part that this house might hold a control over this of the sums appropriatel under other heads of ometimes unmanageable machine, a standing arexpenditure should be applied to the purpose of my; that it might control it by withholding, in making roads. Bui, at present, unless the wbole extreme cases the appropriations necessary to keep item of contingent expenses were struck out, it in existence. Was it not krown, ibat, year after which would hardly be advisable, he did not see : ear, wbilst the executive too sends a message to how the gentleman, his colleague, could come at congress expressing the opinion that they had no his ohject.
power to make roads or canals, the executive emMr. Clay said, be really must profess it was ploys the army in the very object over which he with surprise, as well as regret, be found that the denied the power to congress ? Was this not one house could have, from the committee of ways of the cases contemplaied by the constitution ? and means, no sufficient information on the sub At least, for those who held the doctrine of a ject on wbich he had asked for it. I have request lefect of power in the general government to em. ed the gentleman to tell me, said Mr. C. which ploy the resources of the nation on objects of interof the items in this bill comprehends the appro nal improvement, here was a case, in which they priation for the expense of making roads, under ought to say, we will no longer continue to appra. the authority of the executive: instead of answer priate money to be thus misapplied. In answer ing ry enquiry, the gentleman from Maryland as to the difficulty started by his colleague as to the gone into a general expose of the bill. Is it possi- mode of preventing this misapplication of public ble, that an appropriation bill is brought into this money, Mr. C. said it would be easy to effect that house, accomponied by all the estimates and state object, if it could be once ascertained under what ments from the proper department-containing, head was included the appropriation in question. among others, an important appropriation, because He had heard, he said, an anecdote of a former involving a great constitutional question, on which member of this house, which might furnish the the legislature and the executive are divided in Honorable chairman of the commitiee of ways and opinion, and yet the chairman of the committee means with a clue to find the proper item. Some cannot tell us in which of the several items of the years ago it had been the cusion, now abolished, bill this appropriation is contained ? It was true to use in this house a beverage in lieu of water that another honorable gentleman, his colleague, for those members who preferred it. A member bas given the house information on the subject, of the house said he was not in the habit of using but, said Mr. C in a way not bearing the stamp of this sort of substitute for one of nature's greatest cartainty. He says, the appropriation is certainly and purest bounties, but would prefer something in the bill. Yes, sir, we have found the covert in stronger. The officers of the house said they which the game lies: and I wish we could start it. should be glad to gratify him, but did not know My colleague thinks it is quite likely it is in the how they could with propriety pay for it out of item of contingencies: I wish we could be sure the contingent fund. Why, said the member, under of it. Mr. Clay said he bad yesterday given the what head of appropriation do you pay for this honorable chairman (Mr. Smith) notice that he syrup for the use of the members ? Under the should call on him this day for information on this head of slationary, the officer said. Well, replied subject, and he was surprised not to receive it the member, put down a little grog under the head He should like to know from the honorable chair-fof fuel, and let me have it. ur. C. said that man, he said, whether the public in:erest was seriously, he did not think the honorable chairn:an likely to suffer by one or two days' delay of this ought to have been so much at a loss. I have bili: it was due to congress, to the interests which asked for bread, said he, and he has given me a the members of this house represented, not to stone; I have asked for information on a particular proceed hastily on it. Unless some reason why point, and he has given us information on every the bill should immediately pass could be shewn, point but that is there, or is there not in the bill he should hope the committee would rise, and, if an appropriation for the expense of making roads there were not already clerks enough in the war by the war department? One member said be department to copy the papers required for the thought it was under one head; but was not certain. information of congress, he was willing to vote for If not there, where was it? He hoped the house
He submitted, he said, to the gentleman would delay acting on the bill until tbey could from Virginia (Mr. Barbour) since he conceded obtain this information. the point, that he would not vote for money to be Mr. Barbovu again rose, observing that he had applied to what in his (Mr. B's) judgment was an never more unexpectedly than now found himself unconstitutional purpose, whether the same con. brought into a discussion by what he would call sideration ought not to resirain that bonorable the argumentum ad hominem of the honorable spea. gentleman from voling to pay for men who are ker, which he felt himself bound again to notice. thus to be unconstitutionally employed. If you The gentleman had suid, if you are indisposed to would not give the money of the nation for a par vote the money, will you not withhold tbe labor of ticular purpose, would you give the labor of the the people of the United States from a particular nation? For, Mr. C. said, he took it, that the ubject? If the question propounded to me, said army of the nation, from which the labor on roads Mr. B. were, whether I would refuse to put the was derived, afforded as much the labor of the labor of the nation at the disposition of the govern. nation, as the amount paid the soldiers for extra ment for an unconstitutional purpose, I answer in duty in the same vocation was the money of the the affirmative-unquestionably I would. But nation. He was aware it might be said, the respon. what is the proposition actually before the house ? sibility for misapplication of money appropriated -Shall we keep and maintain an army? I am, by congress belonged to the respective depart. said he, in favor of a standing army to a certain ments, &c. But what, he asked, was the reason of extent; and I take this occasion to state, that, as the constitutional limits to appropriations of mo. I am at present informed, I do not consider ilie ney; and what particularly of tbat clausę which present army as too large-leaving myself, how.