The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14


Of Maryland. The question, sir, is a good deal
altered now from W hat II was twelve ears ago
when the resolution to which allude was adopt
ed by the Senate. Upon that occasion, Virginia
aud Maryland were both concerned Ia the exer.
else Of the power; but in the retrocessiop of the
portion Of the District, which lies south Of the
Potomac, Virginia has become no more interested
in the question of the abolition of slavery in the
rest Of the District than any other slaveholding
State in the Union is interested in its abolition
The question now is confined TO Maryland
said upon that occasion, that although the power
was complete and perfect, and the right to abol-
ish slavery, yet that il was a thing which never
could have entered into the conception Of Mary
land or Virginia, that slavery would he abolished
here while slavery continued to exist in either
of those two ceding States. | said, moreover, sir
what the granting of the power itself indicates,
that, although exclusive legislation in all cases
over the District was invested by Congress within
the ten miles square, il to make it the seat OF
Government OF the United States That was
the great paramount, substantial object Of the
grant. And, in exercising all the powers with
which we are invested complete and full as they
may be, yet the great purpose Of the concession
having been to create suitable seat of Govern
ment that ought to be the leading and controlling
idea with Congress in the exercise of this power
| And inasmuch as t is not necessary, in order to
render it a proper and suitable seat of Govern
ment of the United States, that slavery should be
! abolished within the limits of the ten miles
| square and inasmuch as, at the time OF the ces-
sion, in spirit of generosity, Immediately after
! the formation Of this Constitution, when all was
peace, and harmony, and concord-when brother
ly affection, fraternal feeling, prevailed through
out this whole Uniou-when Maryland and Viz
GINA in a moment Of generous impulse, and with
| feelings of high regard towards the principles OF
| this Union, chose to make this grandmother
party could have suspected that at some distant
and future period, after the agitation Of this IN
! fortunate subject their generous grant, withouI
| equivalent, was TO be turned against them, ana
that the sword Was to be lifted, il were TO their
| bosOms to strike ut their own hearts. This I'M
piled faith this honorable obligation, this honesty
and proprety of keeping in constant view the
object of the cession-these were the conslderd-
tions which, in 1888, urged me, as they now in
fuence me, in the preparation OF the resolution
which | have submitted for your consideratloh'
! Now. as then, do think that Congress, as an
honorable body acting bona fde in good faith, ac-
cording to the nature, and purpose ana OBJECTS OF
! the cesson at the time il was made, ana lookiDg
at the condition of the ceding States at this time
Congress cannot. without forfeiture OF all those
obligations of honor which men of honor, and
nations of honor will respect as much as il they
were found literally, in so many words, In the
bond itself interfere with the institution or sla-
very in this District, without violation of all
those obligations not my opinion less sacred or
leez &xdiug tksn If they had been inserted ip the
constitutional instrument itself
Well, sir, what does the resolution propose
The resolution neither ahrms nor disathrms the
eoBstitutionsliiy of the exercise OF the power OF
abolition in the District IL is silent upon the
subject. 1t says that it is inexpedient to do it,
- A Ind uh at 70
conditions? Why, first, that the State of Mary
land shall give its consent; in other words, that
the State of Naryla shall release the United
| Stat from the obligation of that implied faith
which, | contend, is connected with the act OF
cession by Maryland to the United States. We'll,
sir, if Maryland, the only State now that coded
any portion of the territory which remains TO US,
will consent-in other words, il she releases Con-
gress from the obligation growing out OF the ces-
sion with regard to slavery consider, sir, that
that would remove one of the obstacles to the exer
else Of the power if it were deemed expedient to
exercise it but it is only removing one of them.
| There are two other conditions which are insert
ed in this resolution the first is the consent Of
the people of the District.
Mr. President the condition Of the people OF
| this District is anomalous-a condition IN VIOLA
ton of the great principle which lies at the bot
tom of our own free institutions, and Of all free
| institutions, because it is the case OF people
who are acted upon by legislative authority,
and taxed by legislative authority, without hav-
ing any voice in the administration of affairs.
The Government of the United States in re-
spect to the people of this District, is tyran-
nv, an absolute Government - not exercised
| hitherto admit and | hope it will never
be 10 exercised tyrannically or arbitrarily. But
it is in the nature Of all arbitrary power for
if were to give definition Of arbitrary au-
thority, | would say il is that power which is
exercised by an authority over people who have
no voice nor influence in the assembly which en-
acts her laws and that is the precise condition OF
the people to whom have referred
Well sir, that being their condition, and this
question of the abolition of slavery affecting them
in all the relations of life which we can imagine
of property. society comfort peace think we
should require as another Of the conditions upon
which alone this power should he exercised, the
consent of the people of the District of Columbia.
And, sir, have not stopped there. This resou
ton requires still third condition and that is,
that slavery shall not be abolished within the DIS
trict OF Columbia, although Maryland consents,
and although the people of the District itself,
without the third cOndition-that OF making
compensation to the owners of slaves within the
District And sir, it is immaterial to me upon
what basis this obligation to compensate the slave
holders in the District for such slaves as may be
liberated under the authority Of Congress, is pla-
ced There is n clause in an amendment OF the
Constitution of the United States which provides
that no property--no private propery-shall be
taken for public use without just compensation to
the owners of such property Well, sir, think
that in u Just and liberal Interpretation OF that
clause, we are restrained from taking the proper
ty of the people of the District of Columbia in
slaves, in consideration of any public policy with
out full and complete compensation. But if there
be no constitutional restriction, such as is con-
| tanned in the amendment have referred to, upon
| principles of eternal justice 1t is wrong to de-
| prive those who have property in slaves in this
District of that property without compensation.
MIR. President, il it be conceded that Congress
has the power of observation-disclosures lcgisa-
ton in all cases whatsoever-how can il be doubt
ed that Congress has the power to prohibit what
| is called the slave trade within the District Of
Columbia Sir, my Interpretation of the Con-
stitution is thisc that with regard to all those
portions of jurisdiction which operate upon the
| States Congress can exercise no power which Is
not granted, or not necessary implication from
! a granted power Such is the rule for the action
| OF Congress in relation 10 its legislation upon the
States But in relation TO its legislation upon
this District, the reverse, | take it, is the true
rule that Congress has all power which is not
prohibited by some provision of the Constitution
| of the United States In other words, Congress
has power within the District equivalent to
and co-extensive with the power which any State
itself possesses within its own limits. Well, sir,
can any one doubt the power and right of any
State in this Union-of any slaveholding State
to forbid the introduction, as merchandise of
slaves within its own limits2 Why, sir, almost
every slaveholding State in the Union has exerci-
sed its power to prohibit the introduction of
slaves as merchandise IL is in the Constitution
Of my own State, and after all the agitation and
excitement upon the subject of. slavery which has
existed in the State OF Kentucky during the last
year, the same principle is Incorporated in the
new Constitution. 1t is in the Constitution,