Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1838-03-08
Domestic A ews.
ExTRAcT FROM THE REsIARKso OF
MIR. PICKENS, OF SOUTH CAROLINA

4" TIC ff0nSc o. RcpTeScWUtreS, S0S. 81 1000
On the Resolution of Mr.. Wise, declaring
tha, Congress has no opower under the Con
stitution 20 abolish slavery in the District Of
Columbia &c, being under consideration.
Mr.. Speaker: Before we proceed on
this point, it would be we'll for us to call
TO our minds the circumstances and causes
that induced tho acts of ccssion granting ju-
risdiciion i'll the District. When Congress
was i'll session in Philadelphia mob Great
ed great disturbance, and they found thom-
selves unable, for want of authority, to pro-
tect themselves and their officers. Hence
it became important that they should have
some territory with exclusive jurisdiction
over it. The object and sole desire of
Congress was to be able 10 protect itself,
its officers, and its public buildings, and
make such other municipal regulations as
might be deemed necessary for the harmo
ny, quiet, and independence of the Gov
crnmcnt. When we look at these circun-
stances, and then compare the clause in the
Constitution comforting legislative power,
we can come to hut one conclusion as to the
great leading object of the trust. The
words are, that Congress ''sliall exercise
exclusive legislation in all cases whatsoever
over such District (nol excccdingicn square
mlcs) as may, by cession of particular
States, and the acceptance of Congress,
become tho seat OF Government Of the u.
States, and 10 exercise Ike authority over
all places purchased by the conscnt of the
Legislature OF the States in which the same
shall he, for the erection Of forts, magazines.
arsenaIs, dock-yarts, and other nccdful
buldings.'
"Exclusive lcgislation," here cannot
mean absolute and unlimited legislation.
This Government cannot legally exist in
any position without all the restraints Of
the constitution binding upon il. 1t is ere
aIcd by tho constitution, and canno, act in
any sphere except under its specific grants.
And to cnntcnd that il has all tho powers
here that ;hc States can exercise within
their territories is Il soccsm in constitutional
law, for the states can exercise all their
power not prohibited by the principles and
spirit of their own constitutions. or tho COW
stituiion Of the United States, while this
Government can exercise no power not
specifically granted by the Constitution, or
absolutely ucccssaryto carry into effect some
specific grant, Exclusive les Sislaton means
that no other Government shall have con
current legislation. Congress shall cxcr-
else, 'likc authority" over all purchased
for forts, arscnals, &c. The legislation
and authority exercised III this District, in
like manner, shall be exercised over places
purchased for forts, &c. If, then, Con-
gross is unlimited here, then it is unlimited
i'll those other places where public works
are. and If slavery can bc abolished here,
then, iii like manner, can it he abolished IN
all those places i'll the heart of State
where there may he public works, &c.
All the power intended TO he given was to
cnable this Government to protect and pre-
serve its public works and improvements,
and ''lkc authority" was intended to be
given i'll this district, authority that miall.tbc
essential to carry out The legitimate objects
of tho original trust and no more. Amy ex.
ercise of power beyond the obvious mean
ing and plain intentions of the graut of
power Il, the time it was given, is a viola
ton of its spirit and pcrrr ion of its pur
poses.
Again: The ninth section expressly cx-
cludcs Congress from prohibiting The i'm
porlation of slaves until 1908. Ifthc clause
giving "cxc!nsivc legislation" embraces the
power 10 abolish slavery, then it was crea-
ted without limitation 1T the date Of the in
strumcnt. But if Congress had, before
lSOo, attempted ,oprohibi the importation
OF slaves here, or elsewhere, il would have
been tircclly against tie CONSTITUTIONS
There has been no new requirement of
power since the date Of that instrument, or
enlargement 0ithc provisions of the clause
granting exclusive lcgis!at;on.' We can
not do that indirectly which we cannot do
directly. And ii Congress had abolished
slavery here prior to l$OS, it would lave
been The most ciiirc;ual measure to rrohibi,
their importation, a;ni this they were clear
ly and expressly prohibited from doing
do not refer 10 this sn much as being per-
frc;ly conclusive, us TO slow thar it was the
whole spirit ;,Ed intention of the Cons;iIu
ton thar this Government should have no
power to disturb this delicate and exciting
subject. We all know the extreme jealousy
that existed amongst the States on this
matter III the formation Of the Constitution
SO much so, that it was one OF the princ-
pal difficulties in forming Il ".nore perfect
Uniun.'
Is it to be supposed that Virginia. sensi-
tive and ie;l!ons as She was at that time on
the subject Of slavery, would have cedcd
Il portion OF her territory and citizens, if she
had, for one moment, conceived that under
tic clause in thcCons;iturnn c0nlrriug lcCis-
lativc powers, they were To be thrown at
the mercy Of other interests. and other
sections, antagonist to herself on this vital
point
The fifth amendment declares, thar pri-
valc property shall not lie taken for public |
use, wilhout just compensation. Mucn less |
can it he taken for private Use. II cannot |
be taken except for public use. II becomes |
Important then TO ascertain whether slaves |
are private property! And here let it be
observed, that there is a loose idea abroad. |
that we hold ourI rights to that species of
property under the compromises of the |
Constitution. We hold them rs orininal
rights, before and above the Constitution
coming from the States in their sepera,c
existence The cou,Dromises of Tho ~.