“It’s my way, Mr. Dunscomb, to try all sorts of med’cines. Some folks
that wunt touch rhubarb will swallow salts; and all palates must be
satisfied. Free Sile and Emancipation Doctrines are coming greatly into
favour; but they are ticklish things, that cut like a two-edged sword,
and I do not fancy meddling with them. There are about as many opposed
to meddling with slavery in the free States, as there are in favour of
it. I wish I knew your sentiments, ’Squire Dunscomb, on this subject.
I’ve always found your doctrines touching the Constitution to be sound,
and such as would stand examination.”
“The constitutional part of the question is very simple, and presents no
difficulties whatever,” returned the counsellor, squinting through the
ruby of his glass, with an old-bachelor sort of delight, “except for
those who have special ends to obtain.”
“Has, or has not, Congress a legal right to enact laws preventing the
admission of slaves into California?”
“Congress has the legal right to govern any of its territories
despotically; of course, to admit or to receive what it may please
within their limits. The resident of a territory is not a citizen, and
has no _legal_ claim to be so considered. California, as a conquered
territory, may be thus governed by the laws of nations, unless the
treaty of cession places some restrictions on the authority of the
conqueror. A great deal of absurdity is afloat among those who should
know better, touching the powers of government in this country. You
yourself, are one of those fellows, Timms, who get things upside-down,
and fancy the Constitution is to be looked into for everything.”
“And is it not, ’Squire?—that is, in the way of theory—in practice, I
know it is a very different matter. Are we not to look into the
Constitution for all the powers of the government?”
“Of the _government_, perhaps, in one sense—but not for those of the
_nation_. Whence come the powers to make war and peace, to form treaties
and alliances, maintain armies and navies, coin money, &c.?”
“You’ll find them all in the Constitution, as I read it, sir.”
Public-domain text, read in full here on John Shaqi.
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