The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-17

upon What power. tie Congres. OF the United Ssies
has lie subject msuers-siasery IN the ID suict
Of Coioabis, slavery IN any State az Ternt)ry and
tho siase trade bet the States ferntories Of
he Uoned States, snd the abolition of either, The
rule embraces add applies to no Other subj sets snl
first inquiry IL, w hat power Is thee in the Fed
eTsl Government over these
To answer this inquiry clearly and fully, must
look into the Constitution, and draw d sinetion
hich has fesn sufficiently adserted To, II 81
ALL any Of the dsbssss, 'Ieatsss reports, which
have teen pwblishsd ~ vtters4 tie ssb)scs That
die inction is the between tho sess of slavery
which sgstsd before tie Fsdwsi Consolidation Jormsd
and ~ !aov e SLAVERY HhieA eysaied BY 10 for
sssko~ and adoDtio. The formal for bIev'iy we will
dsso,nsle Simply The Stale relations khe later the
Fsdesl relations Of slavery or such belonged to
the States IN he first instance and such have since
spfuns Of the Federal compact With this Ji.tnc-
ton kept stesdy in view, We can more easily arrive
II The legitimate control which the Congress OF the
u nted States exercise o'cT the subject, IN whole
or in part. +apr
We presume il will not DO controverted, that, SO
far the constitution Of the United States has left
slavery and s rvastSoas u0touched, the whole sub
ect s, left under the sole control Of the States OF
The Union or, in other words, that the power over
the subject not g delegated 10 the United States by
the Constitution prohibited BY II to the States is
reserved 10 the States respectively or to the people"
These reserved powers will be found 10 embrace near
lily or quite I'll OF TIE ot0te TelatlOus OF
What are the Federal relations Of the subject, crea
ted by tho Constitution
They sre--I. Those created By the Sd clause of
section I'd of article lst This clause gives 10 Con-
gress the power of enumerating all the population
OF the United States il apportiols Representatives
and direct taxes " among the several States
cording to their respective numbers which shall
be determined by adding W the whole number
Of free persons including those bound 10 service for
term OF years, and excluding Indians not taxed three
| & Hk~sA ntt.-
were ell understood 70 he siaces--Africans Of the
negro race held IN bondage within the respective
slaveholding States Of the Union. And by the "a
clause OF the Isl section Of article 3D. the number Of
electors of President and Vice President of the
United States each State shall be equal 10 the num-
Der OF Senators and Representative, to which the
State may be entitled in the Congress. Thus the
preventative and scctOrai power, and The pay ing
responsibility, on the one hand, and, on the other of
the laveholding States were increased The pro.
portion of three hs Of the number of their slaves
And herein was totally new relati n--a Federal re-
laon of slavery established. Upon this the Congress
Of the United States may legislate but no further ,
and to no Other end or purpose than as pointed out
by the constitution itselfto apportiOn Represent
tives and direct taxes The 4th clause Of section 9th
Of the LIST article expressly prohibits any cspitation
or other direct tax from being laid, unless in proper
ton 10 the census or enumeration directed by the
Constitution to be taken. And BY article 5lh, no
amendment even of the Constitution, prior TO 1905
allowed to affect this clause. To this extent then
more has Congress the power Of legislation this
relation of slavery 1t has fully exercised its pow
ers II has regularly enumerated the population Of
the United States has spportioned Representatives
and direct taxes it has, 10 time Of war; laid direct
taxes upon slaves end in oil this, they have been
recognised by the Federal Constitution aud the
laws made In pursuance theseof, as property. No
petitions have been presented calling for the redress
Of any grievances under this head OF legislation and
there has been necessity Tor such petitions And
II there had been any, or there any occasion for
any petitions by of any frauds in taking tue
census, or OF any inequality in tho apportoDment Of
Representatives. or direct taxes, for any other
son. the rule In QUESTION would not obstruct them
II does not apply TO any such Of the legitimate
exercise OF constitutional powers. Resolutions of the
L. gislatu.e of Massachusetts, recommending an
amendment TO the Constitution, to deprive the
slave property Of representation in Congress- have
been presented during the present ssion-have been
decided not to be within the rules--base been re-
ceived and referred 10 q committee, anc will, il Is
presumed, be reported upon. The rule does not ap-
ply then, to tins class Of slkjscts admitted 10 Ge
within the power Of Congress.
II. The second class Of the relations of slavery,
created BY The Federal Constitution 10 ihs, brought
into existence by the 18th clause of section OH Of
article lst giving 10 Congress the power "to
exclusive iesisstion, in all cases whatsoever, oyer
such district mot exceeding ten miles square, may
by cesson of particular States and the acceptance Of
Congress, become the sest OF the Government Of the
United States and 70 exercise like authority over sll
places purchased BY the consent of the legislature Of
the State in which the SANE shall be- for the erection
OF forts, magazines, arsenals DOCK ards md Iother
neediul buildings" BY parts Of the States OF NIr-
gina and Maryland (slsseholding States) becoming
The seat OF the Government Of the United States ana
by the location OF sites FOR the erection of forts ina
gaines, kc, in several slave States the exclusive
legislation of Congress applies TO them and the ques
ton arises, whether, and to what extent that egs
la''ou may be welded over the subject of slavery ia
those plscesi
! The words OF the Constitution are, TO exercise
erelusirs legislation IN all whatsoever" What
do these words import The undersigned humbly
submit thai thsr true sense and meaning is that 10
Congre, erelusscsiv, given the over TO i,etslns or
the District of Columbia. In ali cases ~Rvtsoerer
which are the proper subjects Of iegislss.om. No
state shall sglslate for III and the District having
no district legislature, and representation in Con
srcas cannot legslae for itself Bot the terms IN
III ossss ~Aat secer do grant az sbsolute soys-
reign power TO TAXI privsle properly FOR no public
use, wtnou' just compensation - In the case Of
emancipation ty law but only a Legislature poser
whoh may regulate, but not destroy and take away
tbe rights OF property in any form in which II was
found to exist al The time Of the cessions by yrsna
and Maryland, and which only take private pro.
perry Tor public use, with Just compensation.
readily sdmitisd that Congress, iegislsting for
III" District locally, has, to some extent power o,
egs'spon over the People Of the District, which j,
has not rs national Legislature over the people Of
The States 10 oihsr words. this clause does no,
mean mat the powers enumerated to be exercised by
Congre. over the Siaiss, and those only shall be ~
ercscd bJ Congress exclusively over the District Zoe
many Of these powers, enumerated for naional pur.
poses alone. are wholly insppicsble, and all wholly
inadequate 70 the various objects Of municipal regu
lat'o"s ann laws Tor which Congress alone can and
must provide in the District Coneres. shall. apI
Congress ereiuSrsy shall L,gisiais f.r the Dftfcr
and I'm al casss whstsoever' OF ierislafion. Il
shall not do Gin all cases whstsoeye what
sovereign power conld do, but IL shall hrt,i q
/ IN m Nan ~
by law (and nobody doubts ID provide whethe.
slave property N the District shall be held as perso.
nal or mixed estate; whether they shall descend SO
and or be distributed personal assets what share