The Madisonian. (Canton, Miss.) 1850-1855, 1850-04-18
NO 3.

shall be by jury"
hold that Congress cannot abolish the
trial by jury in this District. And
further, conviction 10 this District for
treason could not work corruption Of
blood" because the Constitution exs
pressly says "that no attainder of trea-
son shall work cOruption Of blood, or
forfeiture except during the life Of
the persons atiainted." |" Here Is an
other restriction of the power of Com
gress in this District. But snch res
trictions are too numerous for me now
even to refer to them. See the lst ar
ticle of the Amendments to the Cohsti-
tut on, which is in the following words:
congress shall make mo law respect
ing an establishment of religion or
prohibiting the free exercise thereof;
'orabridging the freedom Of speech, or .
of the press, or the right Of the people
'Peaceably to assemble and to peti !.
'tiou the Government for redress Of
grievances"
Is there any one here who, ia the
face of this express provision Of the
Constitution, wonld contend that Con
gress has the right, in this District
to establish Church, and prescribe
form of worship, and fix a creed; or
to abridge the freedom of speech, or Of
the press, or the right of petitionl If
not, then the power of Congress has
limitations, and these are fixed by the
objects Of the grant and general princi-,
pies of the Constitution. In fact, all
Of the twelve articles contained in the
Amendments to the Constitution but
one, and in the States and Territories.
In trnth. the whole theory Of our Gov
ernment. State and Federal, is predi-
Gated upon constitutional restraints of
power. There is no power in this
country which is not limited, except
the power of the people; and even
this ultimate power has TO be excited
according to certain prescribed forms
or it is revolutionary.
IF the conclusions winch / have
stated be not true, then every citizen
Of this District has no other tenure for
his life, liberty or property, but in the
will of Congress-! The supposilIon of
such state of facts is INDUSTRIOUS, and
would be abhorent to every American
heart. ls..t E
i If, then, it be conceded, as it must
be, that the power of Congress in this
District is limited, would ask, in what
is that limitation to be found | thinkl
the natural answer must be, that it is
to be found in the object and nature Of
the grant. These were plain. to the
minds of the trainers of the Consutu-
tion, who simply desired to confer
upon Congress. in the Ten Miles
Square, such power as would enable
them--freely and without restraint
to carry out all the other provisions of
the Constitution in which this particu-
lar provision IS contained. Can it (by
any sane mind be contended, that the
grant of exclusive legislation in this
District was intended to confer upon
Congress any power outside of the
COnstituuonq The supposition is
absurd, The grant was made simply
that Congress, and the other depart
ments, mightlat all times be in situ-
alton to perform their duty under and
by virtue of the Constitution.
No one will have the impudence ar
folly TO contend, that the abolition OF
slavery here or elsewhere, was one of
the objects of the grant. fit was
not, then it follows, necessarily, that
no such power exists in Congress.
And think am fortified in this view
ofthe subject by the fifth article Of the
Amendments to the Constitution which
contains the following clause: "Nor
shall private property be taken for pub
lie use without just compensation
/ The Constitution thus negatives
the idea that prl vale property can be
taken for any other purpose but for
public use, and then upon just CONS
pensalion. Abolitionism would take
/ it without just compensation, and for
no public use. I might follow this
subject further, but win refrain, by
simply saying, that am satisfied that
Congress has neither the right 70 abol-
iah slavery in this District, nor to aPpro-
pirate the public money to any such
purpose as compromising the owners Of
the property for It's value. l suppose
even in these days oflatitudinarlan CON
strnctiou, ltwill not be denied that
there is Limitation Of the objects. to-
which money may be appropriated by
Congress.
t To be eeontiaasd.