Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-02-04

prophetic apprehension HAT Congress would at
tempt To abolish slavery in the District; they are
attributable To thai habtnal caution which marked
all our legislative proceedings of tina, period. ],
say. then, that Congress is prccludcd by compact
III III" exercise of lis exclusive legislation, liom u.
polishing the right Of slave property in the parts of
the District ceded by Virginia. have looked IN
10 The net of Maryland of 1888, concerning the
,eSsion of her part Of the District, and ! do not
find tia, she exercised the like caution that she
qualified her oesson by any proviso or stipulation.
But, in my opinion such stipulation was not
necessary To limit the power of Congrcssin respect
10 slave property In The District.
The District was coded, not In thu United
States, but to Congress, which can claim no rights
oil sovereignty, whatever the United States may !;
II Was coded by thu ordinary Legislatures of Mary
land and N'ra'nia, which newer pretended 10 sovc
reigntv. We know that tho sovereignty Of each
State resides in the People. hcprinciple agreed on,
On both hands, from which arguing, is,
that Congress, in EXERCISING exclusive legislation
over the territory, property. and people of this
District, are competent IL do whalc,c, the lrgh-
aturcs OF MARYLAND aud virginia arc competent
Ii do, IN respect 10 the territory, property, and
People OF those States respectively and II add
and nsiSt) no more. Therefore, N o,dcrio show
that Congress has constitutional power 10 abolish
the rights of slave property in this District, must
first be shown that the Legislatures of ,hosc two
States have, and had NJ the time oi their oession,
constitutional power 10 abolish the rights OF slave
~ opcrl, within their limits.
There has been in Virginia carncs, n desire
10 abolish slavery, rs exists any where this day.
II commenced with the revolutions, and many of
our ahlcS, and mos, influential men were active in
recommending ii, and in dc,iSinp plans for the nc
accomplishment of il. The Legislature encouraged
aud facilitated ncpnton Nv the owners, and
many slaves wer. 81 cnmnclpacd. The leaning
al HE courts OF justice WAS always IN tareyfm H-
ptdtS. This disposition continued until the inn
pfacti Coblllty 4 cilecinr general emancipation,
without ncaleuahle mi. chlrilu the master race,
nddaugcr of utter destruction to the othcr and tine
evils consequent on partial cmanc ipniions, became
too Obvious Ia the Legislature, and 10 the great
majority of the people, 10 be- longer dlsngardcd.
Il"rc were some who very carly wrote and
published plans lor accomplishing general omsn-
! epaiou--cousidcratc prudent men, understand
ine the subject, and owl sr overlook or diSrr-
gard the political considerations thai belonged To
il. Mr.. Jefferson suggested n scheme and the
gentleman under whose care aud direction my
mind was instructed in the science oi the law
! mean the elder JUDGE tn, kct-prnposed alo-
plaa for tie purpose, and published tract the
,thlot. 1t has been so long since ! read these
works, tint do not pretend to an accurate lccol.
lection of them; bn think the authors were
chiefly Intent dev'sinc Il feasible plan, and did
moi bcStow much attention 10 thc question. ly
what authority suc, plan il practicable in itself
aud cxprdcnl waste be accomplished which
Is our question.
can venture to say thai the great body Of the
lurists Of Virginia. well rs of the people, have
a"a>s denied aud do y"i DENY the constitutional
power of the ordinary Legislature 10 abolish the
,,t,lt ,I II, Al, 81 fl.
indiN idual owners. do not know what opinion
has been entertained in Maryland. | only know
hat the same reasoning is equally apppcabIc To
he legal institutions of both States. And ,hr rca-
sonng is simple rs ITO my ,uind) il is concl-
sitr At the time ol the formation OF the conSii-
lulons Of both States, the rights Of individuals to
property inhclr slaves, existed IN both, exactly as
HEY have since continued, and still continue,
10 exist: they were universally recognized as
property, To all inten,s and purpo,es; property
founded Ia ancient laws, and clearly defined and
regulated; indefcasblc as property, just indie
feasible as property in lands, any thing else.
Tie people OF both States in forming their const-
tutions, intended, beyond all manner Of doubt, To
recognise, establish, and secure this slave proper
", rs well as property OF every Other Mind They
look care TO make private property ot all kinds,
wf.ou Discrimination, sacred and n,chbl",
Legislature To assume. abolish or impair it. This
IS Fundamental principle in the Constitutions of
both States; and ii has been invariably admitted
and acted on, in the ordinary legislation of both.
II eur Legislatures have any extraordinary pow
e., by virtue Of which they may abolish slave pro-
paltN, llcv are certainly not to be found in our
Constructors as they have been unilorm, under
stood by us, and practically cxponndcd. | DEFY mi-
man ingenuity 10 invent an argument. which shall
he OF iurcc to establish Il power III the ordinary
Legislatures OF Maryland or Virginia. 10 abolish
,lase property, that will not be of equal force 10
Justify them in the abolition Of property in land.
and indeed of the very principle of property itself
II therefore, Congress ha> the same power, and no
more over the subject of slave property in this
District which the Legislatures of Maryland aud
Virginia had. over slave property Yin their several
parts of the District at the time Of thoir ccssi"n>,
| conclude, confidently, that Congress Las no i.ht-
tl authority to abolish slavery in the District with
out the consent OF the owners or 10 cmancipatc
single slave, Wihoutihe consent Of the indiy Lual
over.
presume, it can hardly be mag incd, that Con-
presS can have derived from the acts OF cession OF
Maryland and Virginia, HAT is, by virtue Of those
act, alone. any other greater powers Of lcgisla-
lion over the District, ,l.n those Legislatures had
al the time Of the cession; in other words thai the
grantee has acquired by the grant, more power
dian Tie grantors had to ccdc.
II the provision Of the Constitution of the l.
States, giving power to Congress" TO exercise cx-
cltf>t" legislation. in all cases whatsoever ovc'
sncii ID trct as may, by the ccSsion Of particular