FREE BOOKS

Author's List




PREV.   NEXT  
|<   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604  
605   606   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   >>   >|  
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, and _acts of cession_. The severities of a long and terrible discipline had taught them to guard at all points _legislative grants_, that their exact import and limit might be self-evident--leaving no scope for a blind "faith," that _somehow_ in the lottery of chances there would be no blanks, but making all sure by the use of explicit terms, and wisely chosen words, and _just enough_ of them. The Constitution of the United States with its amendments, those of the individual states, the national treaties, the public documents of the general and state governments at that peri
PREV.   NEXT  
|<   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604  
605   606   607   608   609   610   611   612   613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   >>   >|  



Top keywords:
Maryland
 

Virginia

 

implied

 

Congress

 

constitution

 

District

 
exercise
 

cession

 

clause

 

import


treaties
 

grants

 

states

 
making
 
United
 
States
 

legislation

 
wishes
 

twenty

 

panting


honorable

 

conflict

 

colonies

 

country

 

constitutions

 
limitations
 

severities

 
charters
 

rights

 

mother


matters

 

eschew

 

implications

 

induce

 
resort
 

stipulations

 
senators
 

discipline

 

Constitution

 

chosen


wisely

 

explicit

 

amendments

 
governments
 

general

 
documents
 
individual
 

national

 
public
 
legislative