FREE BOOKS

Author's List




PREV.   NEXT  
|<   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537  
538   539   540   541   542   543   544   545   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   >>   >|  
it was to be legislated over _for this end_--the resolution proceeds upon an hypothesis _totally the reverse_. It takes a single point of _state_ policy, and exalts it above NATIONAL interests, utterly overshadowing them; abrogating national _rights_; making void a clause of the Constitution; humbling the general government into a subject--crouching for favors to a superior, and that too _on its own exclusive jurisdiction_. All the attributes of sovereignty vested in Congress by the Constitution it impales upon the point of an alleged _implication_. And this is Mr. Clay's peace-offering, to appease the lust of power and the ravenings of state encroachment! A "_compromise_," forsooth! that sinks the general government on _its own territory_ into a mere colony, with Virginia and Maryland for its "mother country!" It is refreshing to turn from these shallow, distorted constructions and servile cringings, to the high bearing of other southern men in other times; men, who in their character of legislators and lawyers, disdained to accommodate their interpretations of constitutions and charters to geographical lines, or to bend them to the purposes of a political canvass. In the celebrated case of Cohens vs. the State of Virginia, Hon. William Pinkney, late of Baltimore, and Hon. Walter Jones, of Washington city, with other eminent constitutional lawyers, prepared an elaborate written opinion, from which the following is an extract: "Nor is there any danger to be apprehended from allowing to Congressional legislation with regard to the District of Columbia, its FULLEST EFFECT. Congress is responsible to the States, and to the people for that legislation. It is in truth the legislation of the states over a district placed under their control for _their own benefit_, not for that of the District, except as the prosperity of the District is involved, and necessary to the _general advantage_."--[Life of Pinkney, p. 612.] The profound legal opinion, from which this is an extract, was elaborated at great length many years since, by a number of the most distinguished lawyers in the United States, whose signatures are appended to it. It is specific and to the point. It asserts, 1st, that Congressional legislation over the District, is "the legislation of the _States_ and the _people_," (not of _two_ states, and a mere _fraction_ of the people.) 2d, "Over a District placed under _their_ control," i.e. under the control of the _whol
PREV.   NEXT  
|<   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537  
538   539   540   541   542   543   544   545   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   >>   >|  



Top keywords:
legislation
 

District

 

general

 

lawyers

 

States

 

people

 
control
 

states

 

extract

 

Congress


Virginia

 

Congressional

 

opinion

 

Pinkney

 

Constitution

 

government

 

William

 

FULLEST

 

Baltimore

 
celebrated

Columbia
 
Cohens
 
regard
 

Walter

 

eminent

 
constitutional
 

elaborate

 
danger
 

Washington

 
written

allowing

 
apprehended
 
prepared
 

distinguished

 
United
 
signatures
 

number

 
appended
 

fraction

 

specific


asserts

 
length
 

prosperity

 

involved

 

benefit

 

responsible

 
district
 
advantage
 

elaborated

 
profound