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


4" the House Of Representatives., Jan. 81 1885.
On tho Resolution orMr. Wise, declaring
mat Congress has no. power under the Con-
s,itnuon 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 III session i'll Philadelphia mob Great
ed great disturbance, and they found them
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 aud 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 tho Gov
"rnmcnt. When we look at these circum-
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 exccedingicn square
milcs) ais 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 consent of the
Legislature OF the States in which the same
shall he, for the erection Of forts, magazines
arSenalS, dock-yar;is, and other ncctlful
buildings"
"Exc!usive legislation" here cannot
mean absolute and unlimited legislation.
This Government cannot legally exist in
amy position without all the restraints Of
tho constitution binding upon it. 1t is ere
a'cd by the constitution, and cannot act in
any sphere except under its specific grants
And to contend that il has all tho powers
here that tho States can exercise within
their territories is Il solccism in constitutional
law, for the states can exercise all their
power not prohibited by the principles and
spirit OF their own constitutions. or the cou-
stitu,ion OF the United States, while this
Government can exercise no power not
specifically granted by the Constitution, or
absolutely ncccssaryto carry into effect some
specific grant, Exclusive legislation means
that no other Government shall have con-
cnrrcnt legislation. Congress shall cxcr-
else, "likc authority" over all purchased
for forts, arscnals, &c. The legislation
and authority exercised in this District, in
like manner. shall be exercised over places
purchased for forts, &c. If, then, Con-
grcss is unlimited here, then ii is unlimited
i'll those other places where public works
are. and IL slavery can he abolished here,
then, i'll like manner, can i, he abolished IN
all those places in the heart of n State
where there may he public works, &c.
All the power intended to he given was to
enable Inns Government to protect and pre-
serve its public works and improvements,
aud 'likc authority" was intended to he
given i'll this district, authority that miall,tbc
essential 10 carry out The legitimate objects
Of tho original trust and no more. Any cx-
ercse Of power beyond the obvious mean
ing anil plain intentions of the graut of
power at the time it was given, is n viola
ton of It's spirit and pcrvcrsion Of its pur-
poses.
Again: The ninth section expressly cx-
cludcs Congress from prohibiting the i'm
giving "cxclusive legislation" embraces the
pr to abolish slavery, then it was crca-
ted without Limitation ut the date of the in
srrument. But if Congress had, before
1SOo, attempted to prohibit the importation
OF slaves here, or elsewhere, il would have
been directly against the CONSTITUTIONS
There has been no new requirement of
power since the date of that instrument. or
enlargement of the provisions Of the clause
granting exclusive legi,aiion.' We can
M; do that indirectly whicl, we cannot do
directly. And ii Congress had abolished
slavery here prior TO l%OS, it would have
been Tie most ciii'c;uaI measure to rrohibi,
their importation, a.ni this they were clear
ly and expressly prohibited from doing
] do not refer 10 this $" much as beng per
fcctly conclusive, lis To show thar it was The
whole spiri, ;,nd intention Of the Cons;iIu
ton thar this Government should have mo
power to disturb hi. delicate and exciting
subject. We all know the extreme jealousy
that existed amongst the States on this
matter III the formation oi the Constitution
SO much so, that it WIS one Of the priuci-
pal difficulties in forming '.!uorc perfect
UniUn.'
Is it to be supposed that Virginia. scnsi-
tive ana lch!ons as she was at that time on
the subject of slavery, would have ccdcd
portion OF her territory and citizens, if she
had, for onc moment, conceived that under
tie clause in the Constitution c0nicriur lcris-
lative powers, they were to be thrown y,
the mercy Of other interests, and other
sections, antagonist to herself on this vital |
point!
The NTH amendment declares, that Dri-
vatc property shall not>ke taken for public |
use, wlI!iout just compensation. Much less |
can it he taken for private use. II cannot |
be taken except for public use. ltbccorncs |
Important then To ascertain whether slaves !
are private property! And here lei it be |
observed, that there isa luosc idea abroad, |
that we hold our; rights to that species of
property under the compromises of the
Constitution. We hold them rs original
rights, before and above the Constitution |
coming from the States in their seperatc