ir posterity.
This puerile dogma was asserted ostensibly in the interest of Slavery,
in order to get rid of the power of Congress over that subject; but the
real source of it was the cowardice of those invertebrate and timorous
politicians who desired to evade the responsibility of expressing
opinions concerning this power. General Cass was the putative father of
it, and it might well have come from one of his pliancy and calibre; but
as Slavery itself, embodied in the person of Calhoun, scouted the feeble
bantling, there was soon no one so mean as to confess the paternity.
Abandoned of its begetters, Squatter Sovereignty wandered the streets
like a squalid and orphaned outcast, begging anybody and everybody to
take it in, and finding no creditable welcome anywhere.
Calhoun and his friends, no less anxious than Cass and his friends
to rescue Slavery from the discretion of Congress, though for other
reasons, contrived to find a more respectable excuse for such a policy.
As California and New Mexico--both free soil--had lately been acquired,
they contended that the moment new territories attached to the United
States, the same moment the Constitution attached to them; and inasmuch
as the Constitution guarantied the existence of Slavery, _presto_,
Slavery must be regarded as existing under it in the Territories! This,
we say, was more respectable ground than Squatter Sovereignty, because
it met the question more fairly in the face; yet, considered either as
dialectics or history, it was not one whit less absurd. We do not wonder
that Webster, and all the other sound lawyers of the nation, heard such
an announcement of Constitutional hermeneutics with utter surprise and
astonishment. It was enough to astound even the veriest tyro in the law.
The Constitution--and especially by all the premises of the State-Rights
school--is a mere compact between the States; it confers no powers but
delegated and enumerated powers, and such as are indispensable to the
execution of these; and nowhere is there a clause or letter in
it extending its operation beyond the States. Even in respect to
acknowledged powers, these are inoperative until carried into effect by
a special act of Congress; they have no vitality in themselves,--they
are only dead provisions or forms till Congress has breathed into them
the breath of life; and thence to argue that of their own energy they
may leap into or embrace the Territories is to argue that a corpse m
|