Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-04-21
what are the Constitutional Powers
of Congress over the Institution of

of Congress over the Institution of
Slavery!
think it evident that, as citizens of the United
States, we have no power whatever, either TO
abolish slavery in the Southern States, or 70 do
anything of which the direct intention is TO abol-
ish it. Whatever power we possess, as citizens
of the United States, is conferred upon us by the
Constitution. This power is not conferred upon
US by that instrument, and therefore it does not
exist
But this instrument has not only positive, il
has also negative power 1t not only grants
certain powers, but it expressly declares that those
not enumerated are not granted. Thus it enacts
that all "The powers not delegated to the United
States by the Constitution, nor prohibited by it,
to the States, are reserved to the States, respec
lively, or to the people" Now, the abolition Of
slavery being power not conferred, it is, by this
article, expressly withheld. Whatever power we
may therefore have over slavery, as citizens of
the several States, within our own limits respect
lively, we have none, as citizens of the United
States. The majority of the people of the United
States have, in this respect, no power over the
minority; for the minority has never conceded to
them this power. Should all the States in the
/ Union but one, and that one the very smallest
abolish slavery; should the majority of one hun
dred to one of the people of the United States
be in favor of its abolition, still it would not alter
the case. That State would be as free to abolish
1t or not abolish as it is now. This is question
which has never been submitted to the majority
of the citizens of the United States aud there
fore the citizens of the United States citizens.
have nothing to do with it.
The same thing is evident, from the most cur
sorry view Of the circumstances under which the
Constitution was formed. Previous to the revo-
luton, each of these States was an independent
colony, constituted into distinct Government
by charter from the British crown. Each colony
was Government as distinct from every other
as though it had been thousand miles distant
from all the rest; as distinct in fact, as are the
several West India Islands from the colony of
Canada. of New Zealand, or of Bombay. They
all held Of the British crown, but all independent
of each other, and the only bond of union by
which they connected together was that
they were all subject to the same King and all
acknowledged the ultimate authority of the con-
stitutional laws of the empire :
When the independence of these colonies was
established, this link, which bound each of them
to the mother country and thus indirectly TO each
other, was severed. They became independent
States, having, each for itself. power to make
peace or war, or to form alliances, offensive or
defensive, with what foreign States soever they
severally chose. While in this condition, it is
manifest that no State had any power whatever
over any other States. Amy one might have es-
| tablished slavery or abolished, and no other one
would have imagined that, in so doing, it was
under any control from any other, or from all the
rest, any more than from Austria, Russia, or the
Sandwich Islands.
Under these circumstances they chose, of their
own sovereign viii, 10 form Confederate Gov
ernment. In the formation of this government
each State or the people of each State, mutually
agreed to commit certain powers to the whole
and to submit the ultimate decision Of certain
questions to the majority of the whole people
represented by their Senators and Representatives
in Congress. What they have thus submitted to
the decision ofthe majority, and nothing else can
be decided by the majority. What has not been
submitted remains precisely as it was before, in
the power of the citizens of the several States;
and the citizens Of the United States have no
more to do with it, than they have with the af-
fairs of Iceland.
The principle in this case, is the same as that
which governs partnership. If twenty men put
! into common stock each thousand dollars, on
condition that the whole, for certain purposes,
shall be controlled by majority of the propre-
tors, or of such persons they may appoint, then
a majority has conceded right to control that
property for those purposes. But that is all their
power. They have no control over another dol
lar of the property of any proprietor, nor have
they right to control it for any other purposes
than those for which it was contributed. Still
less have they right to control the political
opinions of proprietor, or direct in what manner
he shall educate his children or govern his family
The principle in both cases is the same, and is
very obvious one. 1t is simply this. No man is
bound by any compact, any further than he has
bound himself. In forming any society, there
are, of necessity, certain individual rights which
a man submits to the decision of the majority
But the surrender of these involves the surrender
of no other and, in everything else, he is as per-
| fectly independent of the power of the majority
| as he was before.
As we have, therefore, as citizens, no power
over this snbect, we have as citizens, no respon-
sibiliay. The guilt, if guilt exist. will not rest
upon us as citizens of the United States. Who
ever supposes himself guilty because Congress
did not pass law abolishing slavery in the Uni
ted States? But this is the only manner in which,
as citizens of the United States, we have any
power to act in this, or in any other case. If,
then, We are notrespOnsible, we have, as citizens,
no obligations to discharge in the premises.
Whether slavery be bad good, we wash our
hands of it, inasmuch, as it is matter which the
providence of God has not placed within our ju-
risdiction.
Butthis is not quite all. As citizens of the
United States, We have solemnly promised to let
it alone. We have declared that we leave to the
States respectively and to thepeope of the States,
whatever they have not conceded to US. This is,
by universal consent, acknowledged to be one of
the powers thus left We have, therefore, prom
ised citizens of the United States to let this
alone. The concession has been made by both
parties, and we hold the other party to it.
Should the majority in Congress undertake to es
tabish slavery In one of the free States, we
should plead this very article as bar to their
usurpation. But, the slaveholding States have
precisely the same right to plead it against us,
should we attempt any legislation in the case.
Both parties have pledged themselves to abstain,
and neither car interfere in the matter without
the violation of solemn compact. In this re-
spect, therefore, the Providence of God, and our
own solemn obligations to each other, precluded
any action whatever.
But 60 still further. hold that compact
is binding, in its spirit, as well as in its letter.
| The spirit of the compact, / suppose, imposes
upon me the obligation not TO do anything for the
purpose of changing the relation of master and
| slave, except with the consent of the master.
have no right to declare the abolition of slavery
in another State; have conceded that this is to
be left to the free choice of the citizens of that
State. have no right 10 do anything to inter-
fere with that free choice. have, therefore, no
right to excite such state of feeling among the
slaves that the master shallbe obliged from phys
cal necessity, to liberate his slaves, whether he
believes it to be right and wise or whether he be-
lieves the contrary, This is as much violation
of the spirit of the compact, as arbitrary act of
| legislation. Ihe compact c0ncedes that II is 10
be left to the free will of the States, and obge
| them to act in accordance with my will, and not
in accordance with their own. This is a violation
of clear and solemn obligation. / have 70 con
troll over the manner in which my neighbor shall
educate bis children; and to interfere by physical
force, in order to oblige him TO educate his chill
dren as i please, would be infamous But If
stir up such feeling in his family. that he is OBJ
liged to follow my suggestions in order to save
nous. The violation OF right is as great in the
one case a. in the other Ii a question has been
left to my decision, 1 claim the privilege OF de
Gliding it for myself. and thank no one for de-
Gliding it for me; much less do thank him for
taking the decision out of my hands. ana settling