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And, now, sir, am I to be disconcerted and silenced, or admonished by the Chair that I am approaching to irrelevant matter, which may warrant him to arrest me in my argument, because I say that the reason for which I shall vote for the resolution now before the committee, levying a heavy contribution upon the property of my constituents, is identically the same with the reason for which I voted against the resolution reported by the slavery committee, that Congress have no authority to interfere, in any way, with slavery in any of the States of this Union. Sir, I was not allowed to give my reasons for that vote, and a majority of my constituents, perhaps proportionately as large as that of this House in favor of that resolution, may and probably will disapprove my vote against, unless my reasons for so voting should be explained to them. I asked but five minutes of the House to give those reasons, and was refused. I shall, therefore, take the liberty to give them now, as they are strictly applicable to the measure now before the Committee, and are my only justification for voting in favor of this resolution.
I return, then, to my first position, that there are two classes of powers vested by the Constitution of the United States in their Congress and Executive Government: the powers to be exercised in the time of peace, and the powers incidental to war. That the powers of peace are limited by provisions within the body of the Constitution itself, but that the powers of war are limited and regulated only by the laws and usages of nations. There are, indeed, powers of peace conferred upon Congress, which also come within the scope and jurisdiction of the laws of nations, such as the negotiation of treaties of amity and commerce, the interchange of public ministers and consuls, and all the personal and social intercourse between the individual inhabitants of the United States and foreign nations, and the Indian tribes, which require the interposition of any law. But the powers of war are all regulated by the laws of nations, and are subject to no other limitation. It is by this power that I am justified in voting the money of my constituents for the immediate relief of their fellow-citizens suffering with extreme necessity even for subsistence, by the direct consequence of an Indian war. Upon the same principle, your consuls in foreign ports are authorized to provide for the subsistence of seamen in distress, and even for their passage to their own country.
And it was upon that same principle that I voted against the resolution reported by the slavery committee, “That Congress possess no constitutional authority to interfere, in any way, with the institution of slavery in any of the States of this confederacy,” to which resolution most of those with whom I usually concur, and even my own colleagues in this House, gave their assent. I do not admit that there is even among the peace powers of Congress no such