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


IF 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 10y the Senate. Upon that occasion, Virginia
aud Maryland were both concerned In the exer-
else of the power; but in the retrocession 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 it was thing which never
could have entered into the conception of Mary
land or Virginia, that slavery would be 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, it was 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 a 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 il is not necessary, in order to
render it 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
ginia, in moment of generous impulse, and with
nf oh "A rla hQ
this Union, chose TO make this gram-neishef
party could have suspected that at some distant
and future period after the agitation OF this I'M
fortunate subject, their generous grant, withmt
equivalent was to be turned against them, ana
that the sword Was to be lifted, as 1t were, TO their
bosoms to strike at their own hearts. Tins lm-
piled faith this honorable Obligation this honesty
and propriety of keeping in constant view the
object of the cession-these were the considerd-
tons which, in 1888, urged me, as they now IN
fuence me- in the preparation OF the resolution
which | have submitted for your CONSIDERATION
Now. as then, do think that Congress, as an
honorable BODY. acting bona fds in good faith, ac-
cording TO the nature and purpose, and objects OF
the cession at the time it was made, and looking
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 II they
were found literally, in so many words, In the
bond itself interfere with the institution OF sla-
very in this District, without violation OF all
those obligations, not my opinion less sacred or
l~3 h;o5inp than if they bad heen inserted In fbe
constitutional instrument itself
Well sir what does the resolution propose !
The resolution neither affrms nor disafiirms the
constitutionality of the exercise of the power OF
abolition in the District Ii is silent upon the
subject 1t says that it is inexpedient to do 1t,
but upon certain conditions. And what are those
conditions? Why, first, that the State of Mary
land shall give its consent; in other words, that
the State of Mary land shall release the United
Stat from the obligation of that implied faith
which, [ contend, is connected with the act OF
cession by Maryla to the United States well,
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 con ider, 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.
MIR 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 30 exercised tyrannically arbitrarily. But
it is in the nature of all arbitrary power for
if were to give definition Of arbitrary au-
thority, | would say it 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 o.
the people to whom have referred.
Well, sir, that being their condition, and this
question of the abolition of slavery affecting then
in all the relations of life which we can imagine
of property society. comfort, peace think We
| should REQUIRE as another Of the conditions upor
which alone this power should he exercised, thu
consent of the people of the District of Columbia
And, sir, | have not stopped there. This resolu
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 user
without the third condition-that OF making
compensation TO the owners of slaves within TN
District. And sir il is immaterial to me upoI
holders in the District for such slaves as may b
liberated under the authority of Congress, is pla
ced There is clause in an amendment OF thu
Constitution of the United States which provides
that no property--no private property-shall b
taken for public use without Just compensation q
the owners of such property. Well, Sir, thlni
that. in lust and liberal Interpretation of tina
! clause we are restrained from taking the proper
ty of the people Of the District of Columbia II
slaves, in consideration of any publicpolicy, with
out full and complete compensation. But II there
! be no constitutional restriction, such as IS con
tanned in the amendment have referred to, upon
| principles of eternal justice it is wrong to de-
| prive those who have property in slaves in thi'
| District of that property without compensation
| Mr.. President, if it he conceded that Congress
has the power of OBSERVATION-DISCLOSURES legisla
| ton in all cases whatsoever-how can il be doubt
ed that Congress has the power to prohibit wha
is called the slave trade within the District o
| Columbia Sir, my Interpretation OF the Con
stitution is thisG that with regard to all thos
portions of jurisdiction which operate upon tn
States Congress can exercise no power which i
not granted or not necessary implication iron
a granted power Such is the rule for the action
of Congress in relation to its legislation upon tn
| States. But in relation to Its Legislation upol
this District, the reverse, | take it, is the tru
rule that Congress has all power which is no
prohibited by some provision of the Constitution
| of the United States In other words, Congress
has a power within the District equivalent T.
and co-extensive with the power which any Stat
itself possesses within its own limits. Well, sir
can any one doubt the power and right of an.
State in this Union-of any saveholding State
to forbid the introduction, az merchandise, o
slaves within its own limits2 Why, sir, almos
every saveholding State in the Union has exerei
sed its power to prohibit the Introduction O
slaves AZ merchandise 1t is in the Constitution
of my own State and after all the agitation AM
excitement upon the subject of. slavery which ha
existed in the State of Kentucky during the las
year. the same principle is Incorporated in tn
new Constitution. IL is in the Constitution,