Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-05-26


ouse may DO demolished to save city {
rom conflagration; his private property
nay be destroyed to prevent its giving
uccor to hostile army he may be for
hidden to wear concealed weapons, or TO
'ermlt his OK or dog to roam at large on
he public highway. But suppose the Lee
,lslature pass law that all the cattle and
lorses owned by the citizens shall cease
o be property, the right of ownership
herein abolished, and the animals turned
put TO the enjoyment Of brute Freedom,
would such a law be valid | answer,
without hesitation, it would not.
Now the rule in regard to the polcer of
the Legislature viii be the same, whether
it attempts to abolish the citizens right of
property in lands, houses, furniture, or
shaUeS. There is no power in the LegisZa-
ture to abolish either. Were such law
enacted, the People, by common consent,
might defer 10 its provisions, and forbear
TO contest IFS validity. But | advance the
opinion with much confidence, that if such
a law be ever passed, under existing pow
ers of Government, and its validity shall
be contested by the citizen, the judiciary
will pronounce ii void.
Then, how stands the case with this
District? The Constitution has invested
Congress with the power of 'ercluSire le.
gislatiOn in all cases lchatsOever orer his
District"
Now what may Congress do! They may
"legiSlate in al cases." but can they do
what they please in ell cases, without re-
straint? Can Congress, for the caprlcious
reasons of social propriety, take away by
lalc the lands or goods Of the citizen, or
abolish his right of property in either? Can
Congress, from considerations of promo
ting public or retributive justice, require
by law that the owners Of slaves shall ex.
change their relative condition, and the
servant, in turn, become the master?
conclude all will admit Congress possesses
no such powers as the questions contem.
plate.
1t is readily perceived, then, that the
power given to Congress, TO "Iegislate in
all cases whatsoever oUer such District, -
will not authorize it to DO all things by its
legislation. There are, perhaps, few abo-
litonists so perfectly frantic on this sub
: ject as to contend that the exclusive legis.
latye powers Of Congress here would au.
thorize the passage of law to sell the
District out al auction. All will perceive
that the genius and spirit of our Govern.
ment impose some limitation to its powers
We then arrive at the important question
can Congress abolish slavery in this Dis.
trict, and deprive the citizen or his righ
and property therein, without compensa
ton?
To solve this question, consider the
Constitution itself sufficient and affirma
tive exposition.
Article five of the amendments pre-
scribes that "no person shall be \ de-
prived of life, liberty, or property, withou
due process of law; nor shall private pro
perty be taken for public use, without JUS
compensation"
By the FIST part of this article, life, HJer
{ ~, and property are secured to the either
, on the same terms; and, by the same
means appointed to deprive him Of either
. he may be deprived Of all. The secont
part is equally explicit and easy of com
= prehenson and both are remarkable 70
; Tie prompt ,nUrality they inUuleeto.
The Government, as representing tn
2 public in its authority Of eminent DOMAIN
! may take private property for public use
by rendering Just compensation. But tn
II Congress of the United States, in all il
: omnipotence of power, cannot, by tn
}, enactment Of direct law for that purpost
n and without pretence of its being for tn
5, public use, as authorized by the Constitr
ton, deprive the citizen Of either State c
IS District Of his property, or RICH! of proper
y ty, TO the value of q shilling; and | wi
y add, also, il would be the highest prerog;
n tive of despotism were it otherwise.
L AS TO the power the General Cover
Is ment to regulate The use Of property in tn
re District, readily acknowledge it is 20
N sessed in the most ample extent. But i
ar exercise would be an irresponsible ar
u odious tyranny, if instigated and prescri
n ed by foreign influence, and enforced |
is mere power on the People Of the Distri
70 against their will.
Mt With these views, maintain that Il
'st want Of jurisdiction, the absence of ad
mt quate power TO grant petition to aboli
of slavery in this District, exhibits our RICH
n and duties to be no more or less than pc
nc tains to us on petitions to abolish slave
or in the States.
e- have no object or intention to der
Dr. gate from the right of petition, and won
er not, here or elsewhere, abridge that rig
Is in single hairs breadth, in its legtlma
exercise. 1t furnishes a convenient mea
W. to the minority, essentially useful and pr
ne per, by which to urge their complain
Of, and ask redress of such grievances as
n measures of the majority may infict up
he them. But contend the right Of petit,
ed can never confer upon us any domini
er- whatever over subjects not delegated
nd the Constitution. 1t cannot require Of
act whose powers and duties are circumscr
oh ed and appointed by the Constitution, ii
VIC shall be invoked, or rather goaded
m action, and required to attempt, and p;
TALLY progress, to do that which we q
IN forbidden to do, in ordor to vindicate
ut exaggerated extension ola right, perveri
po- into wrong, insult, and aggression.
re- 1t is not TO be questioned but the RIG
he of petition is convenient in It's approprii
ers functions, and valuable in its degree al
to in my apprehension, it is no depreciati
ed, Of that right to say that, so far as indicai
t ! in the Constitution of the United States
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