The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-27
tFor The Crescent ]
The Slavery Question NO..

The potgcr or Congress 10 uboiish Siaceyy iA tie
District Of CotuH,6ia deniod.
The second point of view embraces the true
principles of sound Jurisprudence, and includes
the proposition that Congress has no power as an
abstract right to nedde with the question Of slavery
in the District Of Columbia ] holdit 10 be maxim
or essential truth in our system Of government,
that every people, who subject TO municipal or
legislative enactment entitled to have some
fixed and prescribed limit for the exercise Of that
legislative power; in other Words that constitu-
ton is OF the first and indispensable necessity in
republican government; and unhesitatingly deny
the effect or force of any law which does not rest
upon unconstitutional basis. | assert it. as a correct
principle, that no government can exist under this
coniederacy without constitution. To say that
there could exist such government would be to
maintain that the American Revolution established
new principles in politics. and that human
rights are insecure under the American system
under the control Of the British ministry. The
States have their constitutions and the Consti-
tuition of the United States is the organic law Of
the territories, etc which have no constitution OF
their own.
Maryland, prior TO the cession of a portion of her
territory to the Federal Government had made no
changes in her constitutions had her Legislature
passed any act by which the rights of property in
slaves had been impaired. These principles at the
time of cession were as full and perfect as law
could render them The Legislature of Maryland
could not have passed any act which would affect
any particular portion of her citizens in manner
so subversye OF the principles of common right,
and iuconsonant with the general spirit of our
institutions. Had they done so, the people of that
territory could have invoked the constitution of the
State, and they would have been protected. They
could have thrown themselves upon the provisions
OF the Constitution of the United Sates and their
rights would have been secure.
IT, as citizens of the State of Maryland, they
enjoyed the protection of the Constitution of the
United States, the cesson, by the State, could have
the effect only to deprive them of the immediate
protection Of tie Stale constitution, leaving them
as fully and efficiently secured by the United
States Constitution as they were before.
As they passed from under the constitution of
the State, Of course, ii ceased operate 10 them
! but they did not pass from under the urisdic-
ton of the federal constitution continued to ore
rate the only fundamental organic law by
which their privileges were protected. The only
| difference was, that Congress made these laws,
instead of Tie State legislature.
| Ii is an admitted fact that the federal constitution
protects the States their rights Of property in their
| slaves; The same admission applied to the citizens
| of The District Of Columbia citizens of the Stale
| Of Maryland and il is difficult TO conceive how
| any transition could deprive them Of its benefits.
| The constitution has never been changed on this
subject, has the condition of the people of the
| District, except to come Immediately under its
jurisdiction, where its protection should be nearer
and more elfectual
From these premises draw the conclusion, that
The Constitution of the United States is the organic
| law of the District of Columbia
That the right Of property in slaves vested in the
citizens of the District, under the Constitution of
the United States and of the State of Maryland !;
| That The Constitution OF the United States guar
antics 10 every citizen the right Of property with
out any regard to its character;
| And, lasuy-lhat as the citizens of the District
| hold their slaves property by force of law, and
the Federal Constitution protects them in their
rights, Congress cannot abolish slavery in the
| District OF Columbia without an express power
| given to theIRby the Constitution.
Has any legislative body the power to divest any
individual of his property against his consent! In
| cases of supreme or imperative necessity the gov
ernInent has the right 10 require of the citizen the
| sacrifice OF his property for the public good, upon
Just and equal remuneration, in the of war,
| fire, flood and other casualties which may endanger
the public welfare; but it certainly never was III
tended that the citizen should he deprived Of his
property matter OF moral JUNCTION, and that his
privileges, as q citizen, should be offered as a sac,
rltice upon the altar of dogmatism Then, If the
Constitution Of the United States is the Conslittl-
lion Of the District of Columbia, il is evident thai
no power can be given To Congress without first
amending the CONSTITUTIONS which requires TO be
ratified by three lourlhs of the States.
The next proposition is that the State Legislatures
cannot abolish slavery in the States where property
in slaves protected by Stale constitutions. This
seems to be sound principle OF constitutional law
If the rights of property IN slaves interviewer
with the organic law, it is evident that no inferior
power can affect them; no action of the Legisa
ture vary the provisions of The Constitution
and every act which could be passed would be q
nullity, in regard those who chose TO resist il
The people, who sovereign, in framing the
constitution, say what shall and what shall not be
property. The provisions Of that constitutions are
permanent, because the same power which make
can alone change or desroy-a principle applied
alike to sovereignty divinity If The people of
State have said in their constitution that slaves ar,
properly, and the rights of the owner shall be pro
tCJtch, IL tiisAt 81 lulls as
remains unchanged, no power but the sam
which created the instrument ITSELF can change tn
rights and privileges guaranteed in it, so long us N
power is given to the legislature to control th
rights of property in slaves, of course, is denied
them; for the reason that in republican govern
ment all powers given to legislative body are spe
eiiied, aud if not specified, they reserved 10 tn
people, from whom all sovereignty proceeds Thes
principles apply with equal force to the Congress
and lis powers in the District Of Columbia.
The next is that no legislative body can effec
any changes in the rights of citizens, withou
changes having first taken place in the fundamen
tai or organic law.
This proposition announces the simple princpl
that ours is government of delegated powers
that our legislative bodies have no powers, exceI
such as have been specially confiied to them an
that those bodies never transcend, with effec
certain fixed and prescribed limits.
II this were not trne, then the evils which hes,
the colonies, and which set forth in the Decl,
!, ration of Independence, have not been remedie,
The trainers of that instrument complained that Ii
2 King had given his assent for ahOlishing the frt
system Of Englbh laws in a nsighborihg provinces
establishing therein sn GrbtTasg government, 81