Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-02-06
Twemty-fosurah Cengress--ast Sess.

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TWemdy-fosrsh Cesagress--ast Sess.
IN SENATE-Tuesdny, January 10.
ABOLITION OF SLAVERY IN THE DIST. OF COLUMBIA.
Mr.. LEIGH'S sPEECIi-[CoScLrpED']
The District was ceded not TO the United States Out
10 Congress- which claim no rights OF soVs'tss'
whatever the United States may n was vrn;a Which
never pretended 10 sovereignty We know thaI Tue
sovereignty of each State resides IN the reoPe ne
principle agreed both hands, from winch VIC arc t'
guinr is that Congress- IN exercising exclusive ess-
ation over the territory property, and people OF tls
District are competent to do whatever the legislatures
of Mary land and Virginia competent to Co. ~ res
pect to the territory, property and teope o. usose
Therefore, in srdct to show that Congress has constu'
tiona power abolish the rights OF slave properly IN
this District must first be shown, that the legislatures
of those two States have, and had ut the Time OF lef
cession constitutional power to abolish the rights Oh
slave property within their limits
There has been in Virginia earnest desire To ADO
lsh slavery as exists any where at this day. II CON.
menced with the Revolution, and many OF our ahles ana
most influential en active in ndIng It: ana
in devisng plans for the accomplishment Oh It, Inc Lc-
rs,ture encouraged and facilitated emancipation by the
owners and many slaves were so emanclpateu Inc
leaning Of the courts of justice was always IN Jarorem
iibcrtais This disposition continued, until the nm
practcablity Of efectng general emancpation' Win
out incalculabc mischief to the master race, and dam
ger of utter destruction to the other, and the evils con-
seouen on partial emanclpatous, became too obvious
to the Legislature and to the great majority OF the Peo
ple to be longer disregarded There were some who
very early wrote and published plans lor accomplishing
q general prudent men, un'
Outstanding the subject and too wise to overlook or dis
regard the political considerations that belonged 10 It,
MI Jefferson suggested schenie; and The gentleman
under whose and direction 'nd was Instructed
in the science Of the law mean the elder Judge
another plan ior the purpose and pub
lished tract the subject 1t has been 80 long snce
read these works. that do not pretend TO an accurate
ia hut iIuk The, OtlorSt were
chiefly intent devsng feasible plan, and did not
bestow much attention to the question: by what autir
ty such plan if practicable in itself and exPedent,
was 10 be accomplished? which is our question.
can venture to say that the great body of the jnriss
of Virginia, well as Of the people, have always de-
MED and do yet deny, the constitutional power OF Tie
ordinary Legislature abolish the rights OF slave pro.
perty without the consent Of the individual owEers
do not know what opinion has been entertained IN Ma
ryland only know that the same reasoning Is equally
applicable the legal institutions OF both states Ana
the reasoning is as simple Us 90 my miao II Is conc!"-
sve Al the time Of the formation oil the CONSTITUTIONS
of both States the rights of individuals TO property III
their slaves existed in both, exactly rs they have ever
since continued, and still continue, 10 exist they were
universally recognized as property, 10 all mefls ana
purposes property founded in ancient laws, and clearly
defined and regulated ndeteasble property, just as
indefeasibe property ia laads, or any tang else
The people of both States, IN forming their Cousti-
tutions aud their delegates who framed them III
Convention intended, beyond all manner of doubt,
to recognise, establish, and secure tins slave pro-
pcrty, we'll property OF every other kind
They took care make private property OF all kinds
without discrimination, sacred and lnvlolabie, and TO
place beyond the power of the ordinary Legislature to
agsume abolish, OF impair it. This is fundamental
principle in the Constitutions OF both States; and 1t has
been invariably admitted and acted on, Ia the ordinary
legislation Of both. If our Legislatures have any ex
traordinary powers BY virtue Of which they may abolish
slave properly they certainly not to be found In our
Constitutions, as they have been uniformly under
stood by u.s. and practically expounded. l defy human
hIFhS hl hI nt
force to establish power in the ordinary Legislatures Of
MARYLAND or Virginia. to abolish slave property, that will
not be of equal force TO Justify them in the abolition OF
property in lands, and indeed, OF the very principle of
property itself IT, therefore, Congress has the same
bower and more, the subject OF slave property
in this District which the Legislatures of Maryland aud
Virginia have over slave property within their respective
Jurisdictions and had slave property in their sevc
raj parts of the District q, the time of their ccssions
conclude confidently, that Congress has no httu! uu
thory to abolish slavery in the Disric, without the
consent of the owners, or to emancpaie single slave
without the consent of the Individual owner.
presume it can hardly be inag lined, that Congress
can have derived from the acts of cession of Maryland
and Virginia, that is, By virtue Of those acts alone any
other or greater powers OF legislation the District
than those Legislatures had at the time of tho cesson
in other words that the grantee has acquired, by the
grant, more power than the granors had to cede.
r. the provision Of the Constitution Of the U. States,
cvino mower to Congress " to exercise exclusive ies
fon in all cases whatsoever, over such District rs
by the cesson Of particular States, and acccptanee
of Concrcss 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 THIS
provision is be construed comforting on Congress
absolute sovereign despotc authority over the people OF
the District and their private rights OF property, un
med BY the Just Of authority that belonged TO
the State Legislatures by which the territory was coded
unlimited by any consideration Of tho nature pur-
noses and exigences of the trust for which the power
of exclusive legislation gven then it will follow,
that Congress may, in its wisdom, or In It's folly, abolish
property in lands we'll in slaves; may enact an
agrariar law; nay more, may abolish the principle OF
property entirely, and establish community OF goods.
Now certainly, do not apprehend any such absurd and
mische yous legislation; but it is air it is ncces-
sary to pursue this claim of TO its consequences
in order 10 test its Justice The truth is sir that grant
Of power Of exclusive legislation in all watso-
ever, territory and the people IN ~ does not. III
the lust sense Of that language, used by American
law-givers import grant of absolute dcspohc, sorc-
reign authority of any authority at all to assume
abolish, impair private rights OF property IL I'M
ports grant of the power Of ordinary Legislation The
proper we'll ordinary business OF Legislation IS to
regulate and the rights of property, never to an
initiate them. $500 ..-...- .. .. ...
desire the Senate to understand that do not con-
tend that the States of Maryland and Virginia have no
power to abolish slavery within their urisdclion-I
" maintain that the ordinary Legislatures of those
States have not under their existing Constitutions any
such power denying that the sovereignty of either
State may, by amendment Of its Constitution CON.
fer such power the Legislature. do not deny tina,
the two States have parted with their dominion over the
District; nor do contend that power by means
be invested in Congress 10 abolish slavery in the Dis
t-;ct in auy state of circumstances. maintain that the
States coded their dominion 10 the United States not 10
Congress- that the sovereignty over the territory and the
people is in the United States, by virtue OF the pIov
s;en of the Constitution authorizing the State Legsa
49, 10 nouA.f ~ ar hal