The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-27
The MADIS0NIAN.
LETTER FROM Da, DUNCAN, or oh'o'
MONTGOMERY, HAMILTON COUNTY,

Er>,
ssa - naaYlv TWO weeks, / found upon my
sahla ! letter containing the following questions
.,,,,,,ndad "a me. Recognising, as 40 'he
~, ~ your mart 10 intenogate me, or any
IL. .',son who Is asking office at your hands,
an .nv and all questions which may DC involved !,
- ,La exercise Of my or their oiilca duty, should
von see proper to bestow that once anu De
lieying this call 10 be made rom pure lriehuly,
nd conscientious motives, have no hesitation
n PROMPTLY answering all your questions, so lar
as ] am prepared TO answer
a.esf;on lst. sDo you believe that Congress
.ho,,d maintain unabridged, the right of the Peo-
nls 10 petirion for the abolition of slavery and
he slaye-tmde in the District of Columbia
Ansver. lido. The right Of petition Is Sc
cured by the Constitution of the People, ana Is
;nviolate-and the Constitution Itself answers
,,a,,r question IN plain and unequivocai language
The People have a natural, POLITICAL and constr
tutional right 10 petition Congress Tor every
hing moi forbidden by the Constitution. Every
hing which is the legitimate subject OF legisla-
non The People have right to petition for, and
of this they are and Of right ought TO be the
judges. The representative who would AFRO
gate 10 himself the right OF debating to his con-
s,ituents for what they should petition, would
virtually violate the Constitution, and would be
unworthy seat in any representative body. So
lono ne have seat in Congress, VIII receive
md nresent abolition and all other kinds of petit
lions nroper to be presented. will also move
their reference to the appropriate committees,
and do whatever else may be proper TO be done,
70 bring the subject-matter before the body IN
which NAV have a seat, for It's regular achon.
This far would consider 1t my unavoidaoe
duty but as am not Intercepted as 10 the "a,
lance of my duty, it IS not expected that ishouiu
answer. (,
Question 3D. .Are you opposed to the adj
mission of any new State into the Federal
Union whose Constitution toerates slavery ~
Ans1rer ! am
Question 3D.. is it in your opinion the con
stitutonal right and the duty Of Congress to abo-
lsh slavery and the slaye-trade in the District OF
Columbia n
regret to say that am neither prepared nor
qualified to answer this question, either to my
own satisfaction or that OF others. The ques-
ton is constitutional in its character, and requires
a purely constitutional answer. II involves no
question Of expediency or propriety, nor will It
admit Of such an answer, or the task OF answer
ing would be an easier one.
If il were the duty 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 per
formed; but not &c converse, with regard To-
the Constitution There may be constitutional
unwse and impolitic to carry into practice
am not prepared to say that Congress has not
the constitutional right TO abolish slavery and
the slave-trade in the District of Columbia
The Constitution is silent on the subject Of sla-
very; this is a 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 | be-
hot
Congress can exercise no power except what is
expressly authorized by the Constitution, while
the State authorities can exercise all powers
(not morally wrong) which are not prohibited by
the Constitution. So much for the constitution
al authority of the Federal and State Govern
ments.
But does not Congress act in the double ca
pacity of Federal Legislature and State Lee
gislature2 In the first instance, as when il le-
gislates for the Union on national questions and
for national purposes, and in the second instance
as when it lays off its national character, and re-
solves itself into Committee Of the Whole
upon the District OF Columbia. In this last ca
pacity, has Congress not the same power over
the territory composing the District OF Columbia
that the State Legislatures have over the terri
tory composing their respective States? am
not in possession of the deed of cesson by
which the District Of Columbia was transferred
sion Of the original colonial charters by which
Maryland and Virginia were established. do
not know what provisions each may have con
tanned with reference to slavery and the slave
trade in each of the colonies.
But whatever their political rights, and what
ever the rights Of private individuals might have
been in regard to slavery, and the domestic or IN
land slave-trade, which were claimed under
them, believe they were reserved and secured
Al n
nation of the Federal Constitution they were
recognised; or perhaps il is more proper to say
that the institutions of slavery in the States of
Maryland and Virginia were lett undsturbed BY
the Revolution and the formation Of the Federal
Constitution So that if il was not the inten-
ton OF the trainers of the Constitution TO ex-
pressly warrant slavery, they were disposed, by
way OF compromise, to effect and secure the great
purposes Of the Union, to tolerate it, or leave il
lust as they found IT, Now question comes
up. In making the cession to the Federal Go
vernment of the territory composing the District
of Columbia, together with the exclusive juris-
diction, Legislative and judiciaD over that ter
ritory, could the Legislatures of Maryland and
Virginia confer any other power upon the Fede-
raj Government over the personal property and
real estates of those who resided within the ter
ritory thus coded than what they possessed over
the property of the citizens before the cession
was Inaue VI, III otheI Worus, uiu tne feue-
raj Government acquire any more power over
the property of the citizens of the District of
Columbia than the Governments of Maryland
and Virginia had when they made the cession
] presume this will not be contended for. II this
be true, then Congress has no 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 What that power was
am unable to say, for have neither their colo
NAL charters nor their State Constitutions. |
suppose, however, that the States of Maryland
and Virginia have the same power 10 abolish