The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23


grant. And, in exercsng all the powos with
which we are invested, pniplete 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 IL leading and controlling
idea with Congress in III exercise of this power.
And inasmuch as il is MT necessary, in order to
render il proper and sdtable seat of Government
Of the United States tina slavery should be abol-
ished within the limits Of the ten mile square, and
inasmuch as, at the timelf the cession, IN spirit
of generosity Immediately after the formation Of
this Constitution, when dl peace, and harmo-
ny, and concord-when totherly affection, frater-
nal feeling, prevailed Throughout this whole Union
when MARYLAND and Virginia, in a moment Of
generous impulse, and With feelings of high re-
gard towards the principls of this Union, chose to
make this grant-neithenparty could have sus-
pected that distan and future period, after
the agitation OF this unfortunate subject, their gen.
erous grant, without equivalent was to be turned
against them, and the swot was TO be lifted, as It
| WERE within their own boom, to strike at their
own hearts This implie, faith, this honorable
obligation, this honesty an propriety OF keeping
in constant view the objed of the cession--these
were the considerations whth in 1898, urged me,
as they now influence me, il the preparation of the
| resolution which have sublitted for your consid-
Grafton Now, as then, ddthink that Congress,
as an honorable body, actin lin good faith, accord
! ing to the nature and purpo4 and objects of the
cesson at the time it was m4e, and looking at the
condition of the cedng Stateslt this timeCongress
cannot without forfeiture of III those obligations OF
honor which men of honor, annatons of honor, will
respect much if they wet found literally in 80
many words, in the bond itself interfere with the in
stituon ofsavery in this Distrtt, violation
of those obligations, not, in mlopinion, less sacred
less binding than they ha}been inserted in the
constitutional instrument itsel
| Well, what does the resolut4 propose9 The re-
solution neither afirms nor disSfrms the constiu-
uonaiy of the exercise Of the pwer OF abolition in
the District. II is silent upon e subject It says
that il is inexpedent to do it, bl upon certain con-
dtions. And what those pnditions? Why,
first, that the State of Maryland hall give its
sent; in other words, that the Site of Maryland
shall release the United States finn the obligation
OF that implied faith which, contnd, is connected
with the act Of cession by Marylhd to the United
States Well, if Maryland, the ont State now that
ccded any portion of the territory ihich remains to
US, will consent-in other wordslif she releases
| Congress from the obligation growing out of the
cession with regard to Slavery cAsider that that
would remove of the obstacles the exercise of
the power, if it were deemed expedent to exercise
| II; but 1t Is only removing one of thin. There
two other conditions which are insfted in this
solution; the first is the consent of th people of the
| District.
Mr.. President, the condition of TIL people Of this
| District Is anomalous--a condition IN violation of
the great principle which hes at the bottom of
own free institutions and Of all fred institutions,
because ii is the of people who e acted upon
! by legislative authority, and taxed by Legislative
| authority, without having any voice h the admin
istration of affairs. The Governmental the United
States, in respect to the people Of thisDistrct is
/ tyranny, an absolute government--Tpt exercised
hitherto admit, and hope il will meier be
| ercised-tyranncally or arbitrarily But it is in
the nature of all arbitrary power; foAif were to
! give definition of arbitrary authority, would
say it Is that power which is exercised by
| thority over people who have no voice nor inhu-
ence in the enactment of laws or the imposition of
taxes; and that is the precise condition Of the pto
| pie to whom have referred
! Well, that being their condition, and this qucs-
] ton OF the abolition of slavery affecting then
in all the relations Of life which we can imagine
| i
| should require, another of the conditions upon
which alone this power should be exercised, the
consent OF the people of the District of Columbia
And have not stopped there. This resolution re-
quircs still third condition and that is, that
slavery shall not be abolished within the District Of
Columbia, although Maryland consents, and al
though the people Of the District itself consent,
without the third conditon-that of making COM
| pensation to the owners Of slaves within the Dis
trict :. And, sir it is immaterial 70 me upon what
basis this obligation to compensate the shareholders
In the District, for such slaves may be liberated
under the authority of Congress, is placed. There
Is clause, an amendment of the Constitution Of
the United States, which provides that property
no private property-shall be taken for public USE
without just compensation to the owners of such
property. Well, think that in a just and liberal
Interpretation Of that clause, we restrained
from taking the property Of the people of the Dis
trict OF Columbia in slaves, in consideration of any
public policy, without full and complete compcnsa
ton. But If there be constitutional restriction,
such as is contained in the amendment have
erred to, upon principles of eternal justice il is
wrong To deprive those who have property in
slaves, in this District, of that property without
\ compensation.
| No one of the European powers-Great Britain,
France, nor any other of the powers which have
| undertaken 70 abolish slavery in their colonies
| have ever ventured TO do IL without making COM
pcnsation to the owners. They were under no such
constitutional obligation as have referred to- but
| they were under that obligation to which all men
ought TO bow-that obligation Of eternal justice,
which declares that no man ought TO be deprived Of
his property without full and Just compensation for
its value. Whether under the constitutional provi
sion or not, the case Is the same. know sir that
IT has been argued that tins clause Of the Constitu
ton which requires compensation 10 be made for
| property, when taken by the Government for tho
public USE would not apply TO the Of the aboli
ton of slavery because the property not taken by
the Government for the public use. Perhaps liter
ally II would not be taken for the Of the public
but 1t would be taken in consideration of policy
and a purpose adopted by the Government for the
good OF the public, or one which il was deemed
pedient to carry into full effect and operation. BY
liberal Interpretation Of the clause, il seems to me
| however, that slave property would be far re-
garded-that il ought 10 be 30 far regarded-as taken
Tor the use OF the public, at the instance Of the
public as TO entie the owners Of the slaves 50 taken
| to a compensation, under and by virtue Of the
clause ITSELF 10 the full extent of the value Of the
slaves liberated. IL appears TO that this is an
effectual and constitutional restriction upon the
power OF Congress over the subject Of slavery within
this District. IL this be not 50, then the power is
unrestricted-l mean unrestricted by any constitu-
tonal injunction inhibition. But the restriction
imposed by the obligation of justice remains; andI
contend that that would be sufficient 10 render il
oppressive and tyrannical 10 use the power, with
out at the same time making the compensation. I
put it TO gentlemen whether that would not be "A
better condition for the shareholders Of the District
than to assume the rigid application Of the amend
Inent oil the Constitution 20 which have referred?
| IL would always be equitable, and, doubt not,
sufficient cause for exacting from Congress a full
and just compensation for the value Of the property
taken.
MIR. President, said on yesterday that there was
no one OF these resolutions except the first, which
contained any concession by either party, that did
not either contain some mutual concession by the
Concluded fourth page.l
TENNESSEE AND THE UNroN.-The Legislature Of