CONGRESS, U. S. 



347 



jurists and courts whenever it was attempted 

 to be asserted in the State or Federal tribunals. 

 If you were to allow that to be taken as a 

 granting power in the Constitution, then there 

 is no limit to which the Federal Government 

 or Congress may not go. 



" But we are told that this measure is to be 

 consummated under the war power. It is al- 

 leged that we are now in a state of war, and 

 we are told that the Constitution is, therefore, 

 to be disregarded. It is said that whatever is 

 necessary to carry on this war to a successful 

 conclusion, may be done with perfect freedom 

 under the license and authority, not of the 

 Constitution, but as a military necessity. I 

 deny that a state of war, and especially the 

 present state of war. enlarges the power of Con- 

 gress. I believe that Congress is vested with 

 no more power than the people have already 

 given to it for the purpose of doing all that is 

 necessary and proper to carry on this or any 

 other war. 



'Is it necessary and proper, while pretend- 

 ing to restore this Constitution all over the ter- 

 ritory of the United States, that we should re- 

 pudiate the authority and power of the Consti- 

 tution? I greatly fear there are many who de- 

 sire more the emancipation of the slaves of the 

 South than the restoration of the Union of the 

 States. If it had not been for that strong de- 

 sire. I think that we would never have heard 

 of this military-necessity power." 



Mr. Diven, of New York, replied : " The distin- 

 guished gentleman from Kentucky (Mr. Wick- 

 liffe) inquired under what clause of the Consti- 

 tution the power was derived by which we 

 could enact a law providing for the payment 

 of emancipated slaves. Sir, it seems to me it 

 is too late to raise or discuss that question. It 

 has long since been passed upon ; and if the 

 testimony of distinguished statesmen, lawyers, 

 and jurors in times past will have weight with 

 the gentleman, I can mention, I think, a num- 

 ber of cases in which the same question was 

 involved and passed upon. I can remind him 

 of an early day when a bill was introduced into 

 this Congress, when Kentucky was represented 

 on this floor by one of her sons of whom she is al- 

 ways proud, a bill was introduced making an ap- 

 propriation for the establishment of an asylum 

 for the deaf and dumb, when this very question 

 of want of power to make such an appropriation 

 was raised, and it was most eloquently and suc- 

 cessfully answered by Henry Clay, in which the 

 existence of the power in Congress to pass laws 

 having reference to the amelioration of the con- 

 dition of any portion of the people of the 

 country was regarded as within the scope of the 

 Constitution. 



" Well, sir, from that time down to the pres- 

 ent, the question has often been raised as to 

 the appropriation of the money of the United 

 States or the property of the United States for 

 the benefit or amelioration of citizens of the 

 United States, and it has always been acquiesced 

 in, and appropriations have been made from 



time to time the purpose of which was the ed- 

 ucation or aid of the unfortunate. There are 

 many instances which I could mention. I have 

 not taken the pains to brief the cases ; but I am 

 reminded by my colleague of the expedition to 

 the Dead Sea, an expedition for scientific pur- 

 poses, for the increase of general knowledge. 

 I place this resolution upon the ground that it 

 is for the amelioration of a race of men, most 

 unfortunately, as I think, placed upon this con- 

 tinent. Another gentleman mentions the case 

 of affording relief to the starving poor of Ire- 

 land. Yes. sir, if I were to receive the sug- 

 gestion of all the cases which could be mentioned 

 in which this power has been exercised by 

 Congress, I should occupy the time of the House 

 for a long period. It is too late, in my judgment, 

 to raise this question." 



Mr. Fisher, of Delaware, said: "I rather 

 view it as an olive branch of peace and har- 

 mony and good faith presented to the border 

 States, and indeed to all the Southern States 

 even those which have seceded. I see in its 

 adoption a settlement and a final settlement of 

 all angry discussion and agitation upon this 

 terrible question of slavery, which comes up 

 here and in almost all public deliberative bodies 

 in this country, like Satan among the sons of 

 God, to afflict and destroy our happiness and 

 prosperity. I hear, in its kindly invitation, the 

 voice of the mighty North, composed of twenty 

 millions of free white men men who labor for 

 themselves having the power now to overrun 

 and lay waste the entire southern country and 

 liberate its slaves." 



Mr. Hickman, of Pennsylvania, followed, say- 

 ing : " It is, in my judgment, simply a declaration 

 of opinion as to a policy, and nothing more. 

 As I look at it, it is rather a compensation to 

 the North for disappointed hopes, and a warn- 

 ing to the people of the border Slave States, 

 who are most interested at the present moment 

 in the subject to which it makes special refer- 

 ence. The President of the United States can- 

 not be ignorant of the fact that he has, thus 

 far, failed to meet the just expectation of the 

 party which elected him to the office he holds ; 

 and his friends are to be comforted, not so 

 much by the resolution itself as by the body of 

 the Message, while the people of the border 

 Slave States will not fail to observe that with 

 the comfort to us is mingled an awful warning 

 to them." 



The vote was subsequently taken on the res- 

 olution and it was adopted". Ayes, 89; noes, 

 31. 



In the Senate, on the 24th of March, this 

 resolution as adopted by the House, was con- 

 sidered. 



Mr. Saulsbury, of Delaware, took the floor, 

 saying: "It is to my mind the most extraor- 

 dinary resolution that was ever introduced into 

 an American Congress; extraordinary in its 

 origin ; extraordinary in reference to the source 

 from whence it proceeds ; extraordinary in the 

 object which it contemplates ; mischievous in 



