FREE BOOKS

Author's List




PREV.   NEXT  
|<   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   >>  
enators, is conjured up and duly installed upon the judgment-seat of final appeal, before whose nod constitutions are to flee away, and with whom, solemn grants of power and explicit guaranties are, when weighed in the balance, altogether lighter than vanity! But let us survey it in another light. Why did Maryland and Virginia leave so much to be "_implied_?" Why did they not in some way express what lay so near their hearts? Had their vocabulary run so low that a single word could not be eked out for the occasion? Or were those states so bashful of a sudden that they dare not speak out and tell what they wanted? Or did they take it for granted that Congress would always act in the premises according to their wishes, and that too, without their _making known_ their wishes? If, as honorable senators tell us, Maryland and Virginia did verily travail with such abounding _faith_, why brought they forth no _works_? It is as true in _legislation_ as in religion, that the only _evidence_ of "faith" is _works_, and that "faith" _without_ works is _dead_, i.e. has no _power_. But here, forsooth, a blind implication with nothing _expressed_, an "implied" _faith_ without works, is _omnipotent_. Mr. Clay is lawyer enough to know that even a _senatorial hypothesis_ as to what must have been the _understanding_ of Maryland and Virginia about congressional exercise of constitutional power, _abrogates no grant_, and that to plead it in a court of law, would be of small service except to jostle "their Honors'" gravity! He need not be told that the constitution gives Congress "power to exercise exclusive legislation in all cases whatsoever over such District." Nor that the legislatures of Maryland and Virginia constructed their acts of cession with this clause _before their eyes_, and that both of them declared those acts made "in _pursuance_" of said clause. Those states were aware that the United States in their constitution had left nothing to be "_implied_" as to the power of Congress over the District;--an admonition quite sufficient one would think to put them on their guard, and induce them to eschew vague implications and resort to _stipulations_. Full well did they know also that those were times when, in matters of high import, _nothing_ was left to be "implied." The colonies were then panting from a twenty years' conflict with the mother country, about bills of rights, charters, treaties, constitutions, grants, limitations,
PREV.   NEXT  
|<   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   >>  



Top keywords:

Maryland

 
Virginia
 

implied

 

Congress

 
constitutions
 

constitution

 
District
 

clause

 

wishes

 

states


legislation

 

grants

 

exercise

 

legislatures

 

congressional

 

enators

 

understanding

 
cession
 

constructed

 

jostle


Honors
 

abrogates

 
service
 
gravity
 

declared

 

exclusive

 

constitutional

 

whatsoever

 
States
 

colonies


panting

 
import
 

matters

 

twenty

 

rights

 

charters

 

treaties

 

limitations

 

country

 

conflict


mother

 

admonition

 

sufficient

 

hypothesis

 

United

 
pursuance
 

implications

 
resort
 

stipulations

 

eschew