Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-05-31
,f7gIE,sD.gE:, .VE.HE' 1896.

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American citizens The right 10 egslatc, therefore,
Ito make the Constitution consistent with ilseli is evil
IDENTITY qualified by The provision that ono man shall be
deprived Of life liberty, Or property, without due pro-
cess of law and various others OF similar character
We lay it down rule, that no Government can do
any thing directly cpugnan to the principles OF natural
justice and Of HE social compact 1t would be totally SUBJ
vrrsiTc Of all line purposes torwhich government is IN.
s!uted Ynttel says: re great end of civil society Isl
whatever constitutes Happiness with the peaceful pas
session of property" Norepubican would tolerate that
should be punished, by special statute, for an
act not legally punishable at The time Of its conmssion
No republican could approve any sysIem Of legislation
declared null and void by which The property Of an
individual lawfully acquired should be arbitrarily wleat.
ed from him by the high llund of power. But these
great principles not left for their support to the ma
ra spirit of republican government They expressly
ncopni atcd in the Constitution, and they have also been
recognised, and insisted on, by the Supreme Court of
the United states which lays down the following sound
and incontroyerble doctrines "1hcre acts which the
Federal Sats Legislatures cunot do without exceed
ing their authority. There certain vital princp pies
incur free republican Government, which will deter
mine and oVerrule apparent and fragrant abuse of
legislative power 10 authorize manifest injustice by
positive law to take away that security Tor personal
liberty private property for the protection whereof
the Government was established An act of the L"gs-
ature contrary to the great first principles Of the srcic!
compacl, cannot be considered righ exercise Of egs
atire authority. The obligation Of law in Govern
ments established on express compact, and on Republic
Gun principles must be determined the nature of the
power which it is founded. few instances will sui
flee to explain A law that punished citizen for an
innocent action, that in violation Of un existing
law; Inv that destroys or impas The obligation nf The
lawful private contracts OF czcns law that makes
man Judge in his own case law that takes pro-
periy from A, and gives it 10 B. 1t is against al
and justice for people to entrust Leg:sIa-
ture with snrh powers and therefore it cannot DE-
presumed that they have done it. The Legislature
may enjon p rmit, forad punish; they uiay de-
clare crimes and establish rules Of conduct for
cases; but they cannot change Innocence into guilt,
punish innocence crme violate the rights Of an
anecedent lawful private contract the right Of private
property. To maintain that Federal or State LegiS
utures possess such powers if they had moi been
expressly restrained, iroud be poitica ArrcSy aegc
Tier iuudmissbie IN our free Republican GOrun'Hent
Now, every principle here affirmed Ly the court applies
to, and protects, tl9 people of this District, well
the people of The States The Inhabitants CT this Dis
trct part of the people Of the U. States. Every
right and interest secured by the Constitution to the pco
pie of the States. is equally secured to the people of the
District. Congress therefore do act affecting
property or person, in relation 10 this District, which i
is prohibited do in relation 10 the citizens of the Stalks,
without direct violation Of the public faith. For in
stance; it is we'll settled constitutional principle, that
privdte property shall not be taken for public use, with
oat Just compensation" Now, the true meaning of ls
provision obviously u.s. thai private property shall be taken
only for public use, but shall not be taken, then,
without adequate remuneration 1t is evident however,
in reference to slavery either that the Government would
use the slaves or that it would not. If il would
them. then they would not be cmanc patrd: anil it would
be idle muckery TO talk OF the freedom OF those vino
would only be private 10 become public slaves
f it would not use them, then how could il be said
that they taken for the public use, consistently
with the provision just rectcd But even if they could
be taken without reference to public use they could not
be taken without just compensation. 1t is exceedingly
questionable, however, whether Congress could legally
nix hP T. wit
The consent of the of the slaves AS 10 emanci
patton without their consent and without Just compen
sation, your committee will not stop to consider IT, 1t
could not bear examination. Hunor humanity, policy nil
forbid it, 1t is manifest, then, from all le consi.cra-
tons herein stated land there others equally orc-
Die that mi gilt be urged that Congress could not abolish
slavery in the District OF CuluMb:a without Yoliuu
of The public faith.
Your committee will only add or two reflections
upon this interesting point.
What is thu meaning Of the declaration adopted b. The
House, in relation TO the District III Columbia: Is it
not that Congress cannot and will not do ucl which
i, has so!emnIy proclaimed to involve violation Of
the public faith Does il not afford every security To
the South which! it is in the power Of the Federal CO.
rrrnmcnt 10 afford? Is il not anLamount, in It's binding
oLigali0n upDn the Gnrcrumcn TO positive dc2laralion
that the abolition Of slavery in the District OF Columbia
would be unconstitutional? Nay, is it not even
c0cneicus IN punt Of ncts Constitutional provisions
are Of construction The opinion Of one House.
upon all abstract conHovcrtcd point may be orerrued
and reversed by another But when Congress his So
lelnnly declared that particular act routd be cio
iaOn Of the public filth, is it supposed, that would
violate pledge thus given 10 the county Can
any aho!tonist expect ii? Need any czrn Of L
slave State fear it, What public faith but the honor
Of the Government? Why treaties regarded Us
sacred and involable? Why but because they involve
the pledge, and depend upon the sancty Of The national
faith; Why al! coInpacts Or promises made by Go
vernmenls held to be irrevocaby bnding' Why, but
because they caunot break them without committing
pcrfty and destroying all confidence in their justice and
integrity? Surely then, your committee may say with
the utmost confidence, (and the sentiment will he at;.
fed by every American hearty that the declaration now
ged in relation to this subject will not be depart
ed from by any succeeding Legislature except under cir
cus,anccs Should any such ever arise III the progress
of cur country i'll which departure from II would not
be regarded by the sluvcholdng States themselves,
wanlon or arbitrary infraction OF the public faith
Your committee further instructed to report, thnt
in the opinion of this louse, Congress ought not 10 in
tericrc in any way with slavery in The District Of Co.
lumbia-
2dly. Because il would be unwise and impoc
1t will be pal paLe to the minds Of al, that if lie CELL
mec have succeeded in establishing they think they
have that any such interference the part Of Congress
would be violation of the public fifth it would BE-
work Of supercrogaLion 10 attempt to show, that such
act would be unwise and impolltic: as there may be
some. however, who may not agree with Them III their
arguments or conclusions upon that pont they feel bound
under the instruction Of The House, 10 offer few sug
gesiions under this head.
The Federal Government the creation Of the
States of the Conederacy, and the great objects o. lis
creation and organization were " to form more perfect
union establish Justice insure domestic tranquility, and
provide for the common defence and general welfare.
Apply these principles, then, to an interference by
Congress with slavery in the District of Columbia. Such
action be polite must be accordance with
one of those great objects and will be the duty Of the
committee in as concise possible, to show
that it would not be. in accordance with either Of them,
First then as to the District itself.
1t has already been shown that interference,
solicited by the inhabitants Of the District
.aLlsh JUSTICE promote the Of justice within
it, directly the No greater degree Of slavery