Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-06
Twemty-Gos,rth Comgrcss--ast Sess
IN Tuesday, january 10.

EWemty-zOslrtA GOBgrcsS--HsfS ess.
IN SENATE Tuesday, january 10.
ABOLITION OF SLAVERY IN THE DIST OF COLUMBIA
MR.. LEIGHS SPEECH-TCoNcLupEp.l
The District ceded, 10 the United States but
to Congress, which claim rights of sovereignty
whatever the United States mays il was coded by the
ordinary Legislatures of Maryland and Virginia, which
never pretended TO sovereignty. We know that the
sovereignty of each State resides in the People The
principle agreed on both hands, from which we are ar
guiDg is that Congress, in exercising exclusive leos
iaon over the territory, property and people OF hi.
District competent to do whatever the Legislatures
OF Maryland and Virginia competent TO do in res
pect to the territory property, and People of those
States respectively and q add and insisO no more
Therefore, in order to show that Congress has consttu
uonal power TO abolish the rights of slave property in
tnis District it must first be shown that the Legislatures
oil those two States have, and had at the time of their
cession, constitutional power to abolish the rights oI
slave property within their limits
There has been in Virginia earnest desire to abo
iisl slavery, as exists any where this day IL com
menced with the Revolution and many of orr ablesl and
most influential men active in a. II and
IN dcvslng plans for the mplishment of it, The Lee
gslatue encouraged and facilitated emancipation by the
owners, and many slaves so eulancipated The
leaning OF the courts Of justice always IN faroreu
A0srtai's This deposition continued, until the i'm.
practcabty OF efecting general emancipation with
out incalcuabe mischief 10 the master race and dan
ger OF utter destruction TO the other and the evils CON
sequent on partial emancipatons, became too obvious
10 the Legislature, and 10 the great majority of the
pie, to be longer disregarded There were some who
very early wrote and published plans for ACCOMPLISH mo-
u general emancipa on-considerate prudeut mon M
derstanding the subject and wise TO overlook or dis
regard the political considerations that BELONGED TO
hlr Jefferson suggested scheme and the gentleman
under whose and direction mind was instructed
IN the science of the law mean the elder Judge
Iuckerpreposed another plan for the purpose nd pub
Hshed tract on the subject Ii has been long since
read these works that do not pretend accurate
recollection of them but think the authors were
chiefly intent on devsIng feasible PLAN and did not
bestow much attention to the question by what
ty such plan, # practicable in itself and cxpedient
was TO be accomplished? which our question
can venture 10 that the great body of the urists
ms of Tho I,a,,a
MED, and do yet deny the constitutional power of The
ordinary Legislature TO abolish the rights of slave pro
pery without the consent OF the individual owners
90 not know what opinion has been entertained in Ma.
ryand. only know that the same REASONING i eon,II,
applicable 10 the legal institutions of both States And
the reasoning is as simple as TO my mnd) it is concu-
siye AT the time of the formation Of the Constitutions
of both Staes the rights Of individuals property in
their slaves existed in BOTH exactly as thew have ever
since continued, and still continues TO exist they were
universally recognized property, 10 all inents and
purposes property founded in ancient laws clearly
dehned and regulated; ndeieasble property, lust as
lndefeasibe property in lands, any thing else
The people of both States, in forming their Cons
tutons, and their delegates who framed them in
Convention, intended, beyond all manner of doubt
to recognise, establish, and secure this slave nro
perry, as well as property of every other kind
Ihey took care to make private property of all kinds
without discrimination, sacred and involable and To-
place beyond the power OF the ordinary Legislature
assume, abolish, or Impair IT, This is f1ndo,ner,, ~
principle in the Constitutions of both Stutes and il has
been invariably admitted and acted on in the ordinary
Legislation of both. 1t Legislatures have nny ex
I'm bDl ish
slave property they are certainly not TO be found in our
Constitutions, as they have been uniformly under.
stood by U.S. and practically expounded. I defy human
ingenuity TO invent an argument which shall he M
force to establish power in the ordinary Legislatures of
Maryland or Virginia to abolish slave property that will
not be of equal force Justify them i'm the aIol,io, ~
property in lands and indeed Of the very principle of
property itself IT, therefore, Congress has the same
power and no more over the subieet Of saye ,
IN this District which the Legislatures of MARYLAND and
Virginia have slave property within cr resppcv
Jurisdictions and had slave property in their seve
raj parts of the District the time of their cessions
conclude, confidently, that Congress has no riqht(u au
thorty to abolish slavery in the District without The
consent OF the owners or to emancipsie single slave
without the consent of the individual owner.
presume II can hardly be imagined, that CONGRESS
have derived from the acts of ceeson of Marind
and Virginia. that is by virtue Of those acts alone
other or greater powers Of legislation over tic District
than those Legislatures bad the time of the cession
IN other words that the grantee has acquired By The
grant, more power than the grantors had TO code
II the provision Of the Constitution Of the IT, States
giving power 10 Congress to exercise excsve lo,i
Iation IN all cases whatsoever, such District as
may by Tie cession oil particular States and
OF Congress, become the seat Of Government of the
United States, is TO be taken the only source and
the only measure, Of the power Of Congress- II ths
provision is 10 be construed comforting on Congress
absolute sovereign despoc authority over the peoSe o
the District and their private rights Of property unli.
the State Legislatures by which the territory was coded
unlimited by any consideration Of the nature pur.
poses and exgencies Of the for which the peVrr
OF exclusive legislation was given, then II will follow
that Congress may in its WISDOM in its folly abolish
property m lands well in slaves; unv enact M,
agrarah law; nay more, may abolish The priucplo AZ
property entirely, and establish community Of goods
Now certainly, do not apprchend any such absurd and
Inschieyous legsation but it is fair il is even
sary to pursue this claim Of power TO it's conseouenc
IN order 10 test its justice The truth is sir tat ,i
Of power Of exclusive legislation In oil coees a. hot
ever, over territory and the people in H. does moi In
the just sense Of that language, used by American
law-gyeTg, import grant Of absolute despote snvc
reign authority, or Of any authority at ali assume
abolish, or impair privae rights Of property. IL i,o
ports grant OF the power Of ordinary legislation The
proper well ordinary business Of legislation h L.
regulate and secure The rights Of property never to an
nihilae them
desire the Senate 20 understand that DO not CON
tend that the States Of Mayan aud Virginia have no
power 70 abolish slavery within their ursdictionI on
~ MAINTAIN that the ordinary Legislatures Of fbose
states nave not under their existing Constitutions anv
such power not denying that the sOveseipntv Of eb
State may, by an amendment Of its Constellation con
Ter such power the Legislature 1 do NOT deoy H.,
he two states have paTted with their dominion Over liz
District nor do contend that power con bv no ,,os
be invested In Congress 20 abolish slavery in he fs
ric ~ any state Of circumstances maintain t,a1 ~.
states ceded their dominion 10 the United Ststee nt 49,
Congress that the sovereignty over the territory and lie
people ~ ~ The United States by virtue Of the prov
ion o. the Constitution authorizing The State Legsia
uo 70 eeoo ana Congress to accept that Congress has