The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-17
Washington, Wednesday, July II, 1850.

from the streets and avenues, where the Adolf
tionists are compelled to resort in pursuit of
pleasure or business The same considerations
will finally exclude the slave from the District.
where the Abolitionists must annually assemble
in the discharge of high public duties / can
not believe that Virginia is prepared to acknow-
ledge the business of such reasoning, or TO sub
scribe to the sufiiciency of such a motive. !.
If sophstry or the power of logic shall sue
coed in impressing the public mind with the
conviction that this act would not involve le-
gislative abolition of slavery in the District of
Columbia, the practical effect must prove disas-
trous to the South 1t will be practical aboli-
ton in the District 1t viii evince, it will dem
| onstrate the power and triumph Of the Abolition
party 1t will be the first step in the series es-
tablishing and proclaiming the success Of their
principles and their power, and their purpose to
drive out slavery and shareholders from the seat
Of government 1t will be thus regarded by
the inhabitants of the District and every prudent
owner will remove from the District or dispose
of his slaves, and another class of men viii be
introduced to perform those functions Of society
now performed by slaves; and thus the District,
inhabited by race hostile to slavery, or not in
terested in maintaining the institution, will be
come the receptacle Of fugitive slaves and the
avenue for their successful escape, and rem
devious of Abolitionists in digesting and ac-
complishing their Vaccinations against the
South.
have expressed the opinion that this bill
enacts practical abolition in the District Of Co
lumbia. / hold that Congress has no lawful
authority to accomplish that end under the con-
stitution of the United States. That power is
usually claimed under the clause of first article
and eighth section, which Delegates the power
to exercise exclusive legislation, in all cases
whatsoever, over such districts as may, by ces-
sion OF particular States, and the acceptance of
Congress, become the seat of government of
the United States, and to exercise like author
ity over all places purchased by the consent of
the legislature of the State in which the same
shall be, for the erection of forts, magazines,
arsenals, dock yards, and other needful build
ings' Formerly, the argument was held legiti-
mate, that the power to abolish slavery in the
District could not be derived through this
grant, because it conveyed no greater authority
over the District than over arsenals and dock
yards; and it was considered absurd to argue,
that the trainers Of the Constitution, and foun-
ders of our system, designed to clothe Congress
with power to abolish slavery in the navy-yard
at Norfolk, and the arsenal near Richmond But
now the Abolitionists with the arrogance of
strength, openly claim this power in the navy
yard and arsenal, because they say, they have
such power over the district, and the people of
Virginia stand admonished, that they will be
called upon to submit to the abolition of slavery
in the navy-yard and arsenal, in the centre of
our State, or they must offer successful resist
ance to the measure in the District of Column
bia. s
But it appears to me that the argument which
derives the power to abolish slavery in the Dis
trict Of Columbia, through the clause quoted, is
founded on a misconception of the import of the
term erclusire, as it occurs in the clause 1t is
interpreted to refer to the degree of Legislative
power conferred and is rendered SYNONYMOUS
with absolute or despotic. But surely it cannot
be true that the fathers of the Constitution de-
signed to establish despotism in Congress over
the people Of the District, who were subject to
its authority, and Invested of the protection of
the State governments when they evinced such
jealous solicitude for the rights OF the people of
the States, who might claim from the States
protection against the tyranny of the federal arl-
| thorities But the term ercluSiUe in its etymol-
Ogy is not SYNONYMOUS with absolute or despotic,
and in its connection was not designed to deter
mine or to qualify the degree of legislative pow
er conferred. 1t was introduced to point to and
designate the Legislative body which should be
invested with Legislative power to the exclusion
Of all other Legislative bodies. Its function was
to divest the Legislatures of Virginia and Mary
land of the right to bind the people of the Dis
trict by their laws after the date Of their deeds
of cession, and to create Congress the only tri-
bunal invested with that power But in the ex-
ercise of this power of legislation for the peo-
pie of the States, Congress is restrained by all
the limitations which abound in the Constitu-
ton, and which Were designed to establish a
frame of polity precisely the reverse of an abso-
lutte despotism.
Again, the powers of Congress over the Dis
trict were derived through the deeds Of cession
from Virginia and Maryland. They must be
regulated and defined by the terms of the grants.
Those deeds were executed by commissioners
appointed by ordinary Legislatures of those
States. Those commissioners could convey no
higher powers than might have been conveyed
by their principals, the Legislature the
Legislatures could have conveyed no higher
powers than they themselves might have exer-
cised. hold that the ordinary Legislature of a
State has no right to abolish slavery in a State,
without the express sanction of the people, pre-
vionsly obtained. In our republican system, the
VI Aolsite Is ilot OBSERVATION-DISCLOSURES
eighty abides in the people of State. Legisla-
lures exercises the attributes of sovereignty on
ly by permission of the people, and though there
is an implied assent of the people, to the exer-
else of all the attributes of sovereignty on the
part of the State Legislatures, unless in case
of express prohibition--yet where there is such
prohibition, it is effectual and complete Now
one of the main objects of the social compact, is
the ACQUISITION and endowment of private nropar
ty. We go out Off state of nature into state
OF socety,to render certain our personal liberty,
our personal security, and the right to acquire
and enjoy private property. The right Of pro-
perry exists before society. BY the social sys-
tenn that right is sanctifcd and by our own sys-
TEN is expressly protected against confscation.
Our organic law prescribes that private property
shall not be taken for public uses without Just
compensation. This is All express limitation on
the Legislative viii. Sovereignty defines pro-
perty, sovereignty declares in what it may ex-
ist. The Legislature protects andimprovcs pro-
perry. Before the creation of the legislative de-
nartIuputs in Niruinil and MARYLAND sovoraiuntv