American Eloquence, Volume 2 - Studies In American Political History (1896) by Various
page 31 of 218 (14%)
page 31 of 218 (14%)
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engagements, and have no moral power to break them. Treaties between
nations repose on this principle. If the new State can revoke and annul an article concluded between itself and the United States, by which slavery is excluded from it, it may revoke and annul any other article of the compact; it may, for example, annul the article respecting public lands, and in virtue of its sovereignty, assume the right to tax and to sell the lands of the United States. There is yet a more satisfactory answer to this objection. The judicial power of the United States is co-extensive with their legislative power, and every question arising under the Constitution or laws of the United States, is recognizable by the judiciary thereof. Should the new State rescind any of the articles of compact contained in the act of admission into the Union, that, for example, by which slavery is excluded, and should pass a law authorizing slavery, the judiciary of the United States on proper application, would immediately deliver from bondage, any person retained as a slave in said State. And, in like manner, in all instances affecting individuals, the judiciary might be employed to defeat every attempt to violate the Constitution and laws of the United States. If Congress possess the power to exclude slavery from Missouri, it still remains to be shown that they ought to do so. The examination of this branch of the subject, for obvious reasons, is attended with peculiar difficulty, and cannot be made without passing over arguments which, to some of us, might appear to be decisive, but the use of which, in this place, would call up feelings, the influence of which would disturb, if not defeat, the impartial consideration of the subject. Slavery, unhappily, exists within the United States. Enlightened men, in the States where it is permitted, and everywhere out of them, regret its existence among us, and seek for the means of limiting and of mitigating |
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