FREE BOOKS

Author's List




PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  
aryland and Virginia, the existence of which is mere matter of conjecture with the 36 senators, 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 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 know their wishes by intuition, and always take them for law? 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 Maryland and Virginia notions of constitutional power, _abrogate no grant_, and that to plead them 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 Maryland and Virginia constructed their acts of cession with this clause _before their eyes_, and declared those acts made "in _pursuance_" of it. Those states knew that the U.S. 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 lead them to eschew vague implications, and to resort to _stipulations_. They knew, moreover, 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, and _acts of cession_. The severities of a long and terrible discipline had taught them to guard at all points _legislative grants_, that their
PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  



Top keywords:

Virginia

 

Maryland

 

implied

 
Congress
 
grants
 

states

 

Constitution

 

District

 
legislation
 

senators


cession
 

constitutions

 

clause

 

declared

 

admonition

 

sufficient

 

pursuance

 

constructed

 
jostle
 

Honors


gravity

 

service

 

whatsoever

 

solemn

 

exclusive

 

exercise

 

rights

 

charters

 

country

 

mother


twenty

 

conflict

 
treaties
 

limitations

 

points

 

legislative

 

taught

 
discipline
 
severities
 

terrible


panting

 
implications
 

resort

 

eschew

 
stipulations
 
colonies
 

import

 

matters

 

notions

 

bashful