The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-02-23
LETTER FROM DR. DUNCAN, OF ONO,
Montgomery Hamilton county
September Is, 1888


September Is, 1888
GENTLEMEN: On my return home. after an absence
Of nearly two weeks, found upon my table letter
containing the following questions propounded TO me-
Recognizing, as do the right your part to interro-
gate me, or any other person who asking office your
hands, on any and oil questions which may be involved
IN the exercise OF my their official duty, should you
see proper TO bestow that office and believing this call
TO be made from pure, friendly and conscientious mo-
ives. have no hesitation IN promptly answering all
your questions, so far as am prepared to answer,
Question LIST. DO you believe that Congress should
maintain, unabridged, the right of the people to petition
for the abolition Of slavery and the slave trade in the
District Of Columbia 7"
hns,cer. | do The right Of petition is secured by
the Constitution Of the people, and involaeand the
Constitution itself your question in plain and
,nnequlvocal language. The people have natural, po
h'cs and constitutional right to petition Congress for
every thing not forbidden by the Constitution. Every
thing which is the legitimate subject Of legislation the
people have right TO petition for, and Of this they
and OF right ought to be the judges The representa-
tive who would arrogate to himself the right Of dcta
ung to his constituents for what they should petition,
would virtually violate the Constitution and would be
unworthy seat IN any representative body So long
as have seat IN Congress, will receive and present
abolition, and all other kinds Of petitions proper to be
presented will also move their reference 10 the an
propa,e committees and do whatever else NAV be pro
per to be done, to bring the subject matter before the
body IN which may have seat for its regular action.
This far would consider il my unavoidable duty but as
am no. INTERCEPTED to the balance Of my duty,
Is not expected that should answer.
Question ID Are you opposed to the admission OF
any new state into the Federal Union, whose Constu.
ton tocrates slavery 7"
Anslrer. am.
Question 3d. us it in your opinion the constitutional
right and the duty Of Congress- abolish slavery and
the slave trade in the District of Columbia!"
regret to say that neither prepared nor quail
he'd to answer this question, either to my satsfac
ton, that Of others he question is constitutional
In It's character. and requires purely constitutional
swer IL involves no question Of expedency or pro-
puety will it admit Of such an answer or the task
of answering would be an easier one I.
If It were the duy of Congress to abolish slavery In
the District OF Columbia. Congress would have the right
TO do so, because there must reside right somewhere
to do what ought to be done. All moral duties ought
TO be performed but not &c converse" with regard to
the Constitution. There may be constitutional powers
vested IN Congress, which it might be unwse and i'm
polite to cany into practice. ] am not prepared 10 say
that Congress has not the constitutional right to abolish
slavery and the slave trade in the Dstrc. Of Columbia
The Constitution is silent on the subject of slavery:
this Is curious fact and but for another fact viz that
some OF the states have abolished slavery within their
limits. might be led to conclude that Congress has no
such power, II is fundamental principle with me, and
believe 1t Is so with the democratic party, that Con-
gress can exercise no power except what is expressly
authorized by the Constitution, while the state authori-
ties can exercise all powers (no morally wrong which
are not prohibited by the Constitution So much for
the constitutional authority of the Federal and State
Governments
bat does not Congress act in the double capacity
OF federal legislature and a State legislature In
the nrSt instance as when il lesislates Tor the Union
on NATIONAL questions and for national purposes and
in The second instance when il laws of us national
character, and resolves itself into n commtea of tho
whole upon the District of Columbia" In tbis lac,
capacity, has Congress n the same mower over ,he
territory composing the District Of Columbia ,ha,
the State legislatures have over the territory com
posing their respective States | am not in posses
sion Of the deed of cesson, by which the District Of
Columbia was transferred to the federal govern
ment nor am in possession Of the original colonial
charters, by which Maryland and Virginia were es-
iablished do not know what provisions each NAV
have contained with reference 10 slavery and the
slave-trade in each Of The col mics. But whatever
their political rights, and whatever the rights Of
private individuals might have been in regard to
slavery, and the domestic or inland slaye.lrade
which were claimed under them, | believe they
were reserved and secured AFTER the American revo-
luton; and in the formation of the federal conslu-
ton they were recognized; or perhaps it is more
proper u say that the institutions of slavery in the
St1tes Of Maryland and Virginia were left undis-
inrbed by the revolution and the formation of the
federal constitution. So that IL il was not the nen-
ton OF The trainers of the constitution to expressly
warrant slavery, they disposed BY way of com
poI'se 70 effect and secure the great purposes of
me Union, to tolerate it, leave Just as they found
IT, NOW question comes IN. In making the ces-
SION 70 me federal government of the territory COM
posing me District OF Columbia together with the
Legislative and iudicia1 over
.nat tfrTory could The legislatures Of MARYLAND and
virginia confer any other power unon ,be federal
government over the personal properly and. reai es
ta'es OF those who resided within the territory thus
ceded than what they possessed over the nronsrv Of
the citizens before the ceSSion was m,ae ~ =;
other words, did the federal government acopire anu
more power over the property Of The citizens q, lbs
District Of Columbia than the governments Of Mory-
land and Virginia had when they made the cesSinn
presume this will not be contended for. II This be
true, then Congress has more power over slavery
and the domestic or inland slave-trade within the
District OF Columbia than had the legislatures OF
maryland and Virginia before the cession was made.
VIVA, ma. mat power was am unable to say for have
nenner ne'r colonial charters their state conSti-
,ulonS' suppose, however that the States of Mary
land ana virginia have the same power TO abolish
aho he Savetrade that the other States pos
sessed who have rid themselves OF slavery. and II
So Congress has the same power for il succeeded TO
all Inc powers that they had at the time the cession
was made. | mean 10 say that Congress has he
same power over the District Of Columbia. and The
citizens and property thereof that the legislatures f