Thus, the sovereignty of the District of Columbia, is shown to reside

solely in the Congress of the United States; and since the power of the

people of a state to abolish slavery within their own limits, results

from their entire sovereignty within that state, so the power of

Congress to abolish slavery in the District, results from its entire

_sovereignty_ within the District. If it be objected that Congress can

have no more power over the District, than was held by the legislatures

of Maryland and Virginia, we ask what clause in the constitution

graduates the power of Congress by the standard of a state legislature?

Was the United States' constitution worked into its present shape under

the measuring line and square of Virginia and Maryland? and is its power

to be bevelled down till it can run in the grooves of state legislation?

There is a deal of prating about constitutional power over the District,

as though Congress were indebted for it to Maryland and Virginia. The

powers of those states, whether few or many, prodigies or nullities,

have nothing to do with the question. As well thrust in the powers of

the Grand Lama to join issue upon, or twist papal bulls into

constitutional tether, with which to curb congressional action. The

Constitution of the United States gives power to Congress, and takes it

away, and _it alone_. Maryland and Virginia adopted the Constitution

_before_ they ceded to the United States the territory of the District.

By their acts of cession, they abdicated their own sovereignty over the

District, and thus made room for that provided by the United States'

constitution, which sovereignty was to commence as soon as a cession of

territory by states, and its acceptance by Congress, furnished a sphere

for its exercise. That the abolition of slavery is within the sphere of

legislation, I argue,

2. FROM THE FACT, THAT SLAVERY, AS A LEGAL SYSTEM, IS THE CREATURE OF

LEGISLATION. The law, by _creating_ slavery, not only affirmed its

_existence_ to be within the sphere and under the control of

legislation, but equally, the _conditions_ and _terms_ of its existence,

and the _question_ whether or not it _should_ exist. Of course

legislation would not travel _out_ of its sphere, in abolishing what is

_within_ it, and what was recognised to be within it, by its own act.

Cannot legislatures repeal their own laws? If law can take from a man

his rights, it can give them back again. If it can say, "your body

belongs to your neighbor," it can say, "it belongs to _yourself_." If it

can annul a man's right to himself, held by express grant from his

Maker, and can create for another an _artificial_ title to him, can it

not annul the artificial title, and leave the original owner to hold

himself by his original title?

3. THE ABOLITION OF SLAVERY HAS ALWAYS BEEN CONSIDERED WITHIN THE

APPROPRIATE SPHERE OF LEGISLATION. Almost every civilized nation has

abolished slavery by law. The history of legislation since the revival

of letters, is a record crowded with testimony to the universally

admitted competency of the law-making power to abolish slavery. It is so

manifestly an attribute not merely of absolute sovereignty, but even of

ordinary legislation, that the competency of a legislature to exercise

it, may well nigh be reckoned among the legal axioms of the civilized

world. Even the night of the dark ages was not dark enough to make this

invisible.

The Abolition decree of the great council of England was passed in 1102.

The memorable Irish decree, "that all the English slaves in the whole of

Ireland, be immediately emancipated and restored to their former

liberty," was issued in 1171. Slavery in England was abolished by a

general charter of emancipation in 1381. Passing over many instances of

the abolition of slavery by law, both during the middle ages and since

the reformation, we find them multiplying as we approach our own times.

In 1776 slavery was abolished in Prussia by special edict. In St.

Domingo, Cayenne, Guadeloupe, and Martinique, in 1794, where more than

690,000 slaves were emancipated by the French government. In Java, 1811;

in Ceylon, 1815; in Buenos Ayres, 1816; in St. Helena, 1819; in

Colombia, 1821; by the Congress of Chili in 1821; in Cape Colony, 1823;

in Malacca, 1825; in the southern provinces of Birmah, 1826; in Bolivia,

1826; in Peru, Guatemala, and Monte Video, 1828, in Jamaica, Barbadoes,

Bermudas, Bahamas, the Mauritius, St. Christophers, Nevis, the Virgin

Islands, Antigua, Montserrat, Dominica, St. Vincents, Grenada, Berbice,

Tobago, St. Lucia, Trinidad, Honduras, Demarara, and the Cape of Good

Hope, on the 1st of August, 1834. But waving details, suffice it to say,

that England, France, Spain, Portugal, Sweden, Denmark, Austria,

Prussia, and Germany, have all and often given their testimony to the

competency of the legislative power to abolish slavery. In our own

country, the Legislature of Pennsylvania passed an act of abolition in

1780, Connecticut, in 1784; Rhode Island, 1784; New-York, 1799;

New-Jersey, in 1804; Vermont, by Constitution, in 1777; Massachusetts,

in 1780; and New Hampshire, in 1784.

When the competency of the law-making power to abolish slavery, has thus

been recognised every where and for ages, when it has been embodied in

the highest precedents, and celebrated in the thousand jubilees of

regenerated liberty, is it an achievement of modern discovery, that such

a power is a nullity?--that all these acts of abolition are void, and

that the millions disenthralled by them, are, either themselves or their

posterity, still legally in bondage?

4. LEGISLATIVE POWER HAS ABOLISHED SLAVERY IN ITS PARTS. The law of

South Carolina prohibits the working of slaves more than fifteen hours

in the twenty-four. In other words, it takes from the slaveholder his

power over nine hours of the slave's time daily; and if it can take nine

hours it may take twenty-four. The laws of Georgia prohibit the working

of slaves on the first day of the week; and if they can do it for the

first, they can for the six following.

The law of North Carolina prohibits the "immoderate" correction of

slaves. If it has power to prohibit immoderate correction, it can

prohibit _moderate_ correction--_all_ correction, which would be virtual

emancipation; for, take from the master the power to inflict pain, and

he is master no longer. Cease to ply the slave with the stimulus of

fear; and he is free.

The Constitution of Mississippi gives the General Assembly power to make

laws "to oblige the owners of slaves to _treat them with humanity_." The

Constitution of Missouri has the same clause, and an additional one

making it the DUTY of the legislature to pass such laws as may be

necessary to secure the _humane_ treatment of the slaves. This grant to

those legislatures, empowers them to decide what _is_ and what is _not_

"humane treatment." Otherwise it gives no "power"--the clause is mere

waste paper, and flouts in the face of a befooled legislature. A clause

giving power to require "humane treatment" covers all the _particulars_

of such treatment--gives power to exact it in _all respects--requiring_

certain acts, and _prohibiting_ others--maiming, branding, chaining

together, separating families, floggings for learning the alphabet, for

reading the Bible, for worshiping God according to conscience--the

legislature has power to specify each of these acts--declare that it is

not "_humane_ treatment," and PROHIBIT it.--The legislature may also

believe that driving men and women into the field, and forcing them to

work without pay, is not "humane treatment," and being Constitutionally

bound "to _oblige_" masters to practise "humane treatment"--they have

the power to _prohibit such_ treatment, and are bound to do it.

The law of Louisiana makes slaves real estate, prohibiting the holder,

if he be also a _land_ holder, to separate them from the soil.[A] If it

has power to prohibit the sale _without_ the soil, it can prohibit the

sale _with_ it; and if it can prohibit the _sale_ as property, it can

prohibit the _holding_ as property. Similar laws exist in the French,

Spanish, and Portuguese colonies.

[Footnote A: Virginia made slaves real estate by a law passed in 1705.

(_Beverly's Hist. of Va_., p. 98.) I do not find the precise time when

this law was repealed, probably when Virginia became the chief slave

breeder for the cotton-growing and sugar-planting country, and made

young men and women "from fifteen to twenty-five" the main staple

production of the State.]

The law of Louisiana requires the master to give his slaves a certain

amount of food and clothing. If it can oblige the master to give the

slave _one_ thing, it can oblige him to give him another: if food and

clothing, then wages, liberty, his own body.

By the laws of Connecticut, slaves may receive and hold property, and

prosecute suits in their own name as plaintiffs: [This last was also the

law of Virginia in 1795. See Tucker's "Dissertation on Slavery," p. 73.]

There were also laws making marriage contracts legal, in certain

contingencies, and punishing infringements of them, ["_Reeve's Law of

Baron and Femme_," p. 340-1.] Each of the laws enumerated above, does,

_in principle_, abolish slavery; and all of them together abolish it in

fact. True, not as a _whole_, and at a _stroke_, nor all in one place;

but in its _parts_, by piecemeal, at divers times and places; thus

showing that the abolition of slavery is within the boundary of

legislation.

5. THE COMPETENCY OF THE LAW-MAKING POWER TO ABOLISH SLAVERY, HAS BEEN

RECOGNIZED BY ALL THE SLAVEHOLDING STATES, EITHER DIRECTLY OR BY

IMPLICATION. Some States recognize it in their _Constitutions_, by

giving the legislature power to emancipate such slaves as may "have

rendered the state some distinguished service, "and others by express

prohibitory restrictions. The Constitution of Mississippi, Arkansas, and

other States, restrict the power of the legislature in this respect. Why

this express prohibition, if the law-making power _cannot_ abolish

slavery? A stately farce, indeed, to construct a special clause, and

with appropriate rites induct it into the Constitution, for the express

purpose of restricting a nonentity!--to take from the law-making power

what it _never had_, and what _cannot_ pertain to it! The legislatures

of those States have no power to abolish slavery, simply because their

Constitutions have expressly _taken away_ that power. The people of

Arkansas, Mississippi, &c., well knew the competency of the law-making

power to abolish slavery, and hence their zeal to _restrict_ it.

The slaveholding States have recognised this power in their _laws_. The

Virginia Legislature passed a law in 1786 to prevent the further

importation of Slaves, of which the following is an extract: "And be it

further enacted that every slave imported into this commonwealth

contrary to the true intent and meaning of this act, shall upon such

importation become _free_." By a law of Virginia, passed Dec. 17, 1792,

a slave brought into the state and kept _there a year_, was _free_. The

Maryland Court of Appeals at the December term 1813 [case of Stewart

_vs._ Oakes,] decided that a slave owned in Maryland, and sent by his

master into Virginia to work at different periods, making one year in

the whole, became _free_, being _emancipated_ by the law of Virginia

quoted above. North Carolina and Georgia in their acts of cession,

transferring to the United States the territory now constituting the

States of Tennessee, Alabama and Mississippi, made it a condition of the

grant, that the provisions of the ordinance of '87, should be secured to

the inhabitants _with the exception of the sixth article which prohibits

slavery_; thus conceding, both the competency of law to abolish slavery,

and the power of Congress to do it, within its jurisdiction. (These acts

show the prevalent belief at that time, in the slaveholding States, that

the general government had adopted a line of policy aiming at the

exclusion of slavery from the entire territory of the United States, not

included within the original States, and that this policy would be

pursued unless prevented by specific and formal stipulation.)

Slaveholding states have asserted this power _in their judicial

decisions_. In numerous cases their highest courts have decided that if

the legal owner of slaves takes them into those States where slavery has

been abolished either by law or by the constitution, such removal

emancipates them, such law or constitution abolishing their slavery.

This principle is asserted in the decision of the Supreme Court of

Louisiana, in the case of Lunsford _vs._ Coquillon, 14 Martin's La.

Reps. 401. Also by the Supreme Court of Virginia, in the case of Hunter

_vs._ Fulcher, 1 Leigh's Reps. 172. The same doctrine was laid down by

Judge Washington, of the United States Supreme Court, in the case of

Butler _vs._ Hopper, Washington's Circuit Court Reps. 508. This

principle was also decided by the Court of Appeals in Kentucky; case of

Rankin _vs._ Lydia, 2 Marshall's Reps. 407; see also, Wilson _vs._

Isbell, 5 Call's Reps. 425, Spotts _vs._ Gillespie, 6 Randolph's Reps.

566. The State _vs._ Lasselle, 1 Blackford's Reps. 60, Marie Louise

_vs._ Mariot, 8 La. Reps. 475. In this case, which was tried in 1836,

the slave had been taken by her master to France and brought back; Judge

Mathews, of the Supreme Court of Louisiana, decided that "residence for

one moment" under the laws of France emancipated her.

6. EMINENT STATESMEN, THEMSELVES SLAVEHOLDERS, HAVE CONCEDED THIS POWER.

Washington, in a letter to Robert Morris, dated April 12, 1786, says:

"There is not a man living, who wishes more sincerely than I do, to see

a plan adopted for the abolition of slavery; but there is only one

proper and effectual mode by which it can be accomplished, and that is

by _legislative_ authority." In a letter to Lafayette, dated May 10,

1786, he says: "It (the abolition of slavery) certainly might, and

assuredly ought to be effected, and that too by _legislative_

authority." In a letter to John Fenton Mercer, dated Sept. 9, 1786, he

says: "It is among my first wishes to see some plan adopted by which

slavery in this country may be abolished by _law_." In a letter to Sir

John Sinclair, he says: "There are in Pennsylvania, _laws_ for the

gradual abolition of slavery, which neither Maryland nor Virginia have

at present, but which nothing is more certain than that they _must

have_, and at a period not remote." Speaking of movements in the

Virginia Legislature in 1777, for the passage of a law emancipating the

slaves, Mr. Jefferson says: "The principles of the amendment were agreed

on, that is to say, the freedom of all born after a certain day; but it

was found that the public mind would not bear the proposition, yet the

day is not far distant, when _it must bear and adopt it_."--Jefferson's

Memoirs, v. 1, p. 35. It is well known that Jefferson, Pendleton, Mason,

Wythe and Lee, while acting as a committee of the Virginia House of

Delegates to revise the State Laws, prepared a plan for the gradual

emancipation of the slaves by law. These men were the great lights of

Virginia. Mason, the author of the Virginia Constitution; Pendleton, the

President of the memorable Virginia Convention in 1787, and President of

the Virginia Court of Appeals; Wythe was the Blackstone of the Virginia

bench, for a quarter of a century Chancellor of the State, the professor

of law in the University of William and Mary, and the preceptor of

Jefferson, Madison, and Chief Justice Marshall. He was author of the

celebrated remonstrance to the English House of Commons on the subject

of the stamp act. As to Jefferson, his _name_ is his biography.

Every slaveholding member of Congress from the States of Maryland,

Virginia, North and South Carolina, and Georgia, voted for the

celebrated ordinance of 1787, which _abolished_ the slavery then

existing in the Northwest Territory. Patrick Henry, in his well known

letter to Robert Pleasants, of Virginia, January 18, 1773, says: "I

believe a time will come when an opportunity will be offered to

_abolish_ this lamentable evil." William Pinkney, of Maryland, advocated

the abolition of slavery by law, in the legislature of that State, in

1789. Luther Martin urged the same measure both in the Federal

Convention, and in his report to the Legislature of Maryland. In 1796,

St. George Tucker, of Virginia, professor of law in the University of

William and Mary, and Judge of the General Court, published an elaborate

dissertation on slavery, addressed to the General Assembly of the State,

and urging upon them the abolition of slavery by _law_.

John Jay, while New York was yet a slave State, and himself in law a

slaveholder, said in a letter from Spain, in 1786, "An excellent law

might be made out of the Pennsylvania one, for the gradual abolition of

slavery. Were I in your legislature, I would present a bill for the

purpose, drawn up with great care, and I would never cease moving it

till it became a law, or I ceased to be a member."

Daniel D. Tompkins, in a message to the Legislature of New-York January

8, 1812, said: "To devise the means for the gradual and ultimate

_extermination_ from amongst us of slavery, is a work worthy the

representatives of a polished and enlightened nation."

The Virginia Legislature asserted this power in 1832. At the close of a

month's debate, the following proceedings were had. I extract from an

editorial article of the Richmond Whig, of January 26, 1832.

"The report of the Select Committee, adverse to legislation on

the subject of Abolition, was in these words: _Resolved_, as the

opinion of this Committee, that it is INEXPEDIENT FOR THE

PRESENT, to make any _legislative enactments for the abolition

of Slavery_." This Report Mr. Preston moved to reverse, and thus

to declare that it _was_ expedient, _now_ to make legislative

enactments for the abolition of slavery. This was meeting the

question in its strongest form. It demanded action, and

immediate action. On this proposition the vote was 58 to 73.

Many of the most decided friends of abolition voted against the

amendment; because they thought public opinion not sufficiently

prepared for it, and that it might prejudice the cause to move

too rapidly. The vote on Mr. Witcher's motion to postpone the

whole subject indefinitely, indicates the true state of opinion

in the House.--That was the test question, and was so intended

and proclaimed by its mover. That motion was _negatived_, 71 to

60; showing a majority of 11, who by that vote, declared their

belief that "at the proper time, and in the proper mode,

Virginia ought to commence a system of gradual abolition."

7. THE CONGRESS OF THE UNITED STATES HAVE ASSERTED THIS POWER. The

ordinance of '87, declaring that there should be "neither slavery nor

involuntary servitude," in the North Western territory, abolished the

slavery then existing there. The Supreme Court of Mississippi, in its

decision in the case of Harvey vs. Decker, Walker's Mi. Reps. 36,

declared that the ordinance emancipated the slaves then held there. In

this decision the question is argued ably and at great length. The

Supreme Court of La. made the same decision in the case of Forsyth vs.

Nash, 4 Martin's La. Reps. 395. The same doctrine was laid down by Judge

Porter, (late United States Senator from La.,) in his decision at the

March term of the La. Supreme Court, 1830, in the case of Merry vs.

Chexnaider, 20 Martin's Reps. 699.

That the ordinance abolished the slavery then existing there is also

shown by the fact, that persons holding slaves in the territory

petitioned for the repeal of the article abolishing slavery, assigning

_that_ as a reason. "The petition of the citizens of Randolph and St.

Clair counties in the Illinois country, stating that they were in

possession of slaves, and praying the repeal of that act (the 6th

article of the ordinance of '87) and the passage of a law legalizing

slavery there." [Am. State papers, Public Lands, v. 1. p. 69.] Congress

passed this ordinance before the United States Constitution was adopted,

when it derived all its authority from the articles of Confederation,

which conferred powers of legislation far more restricted than those

conferred on Congress over the District and Territories by the United

States Constitution. Now, we ask, how does the Constitution _abridge_

the powers which Congress possessed under the articles of confederation?

The abolition of the slave trade by Congress, in 1808, is another

illustration of the competency of legislative power to abolish slavery.

The African slave trade has become such a mere _technic_, in common

parlance, that the fact of its being _proper slavery_ is overlooked. The

buying and selling, the transportation, and the horrors of the middle

passage, were mere _incidents_ of the slavery in which the victims were

held. Let things be called by their own names. When Congress abolished

the African slave trade, it abolished SLAVERY--supreme slavery--power

frantic with license, trampling a whole hemisphere scathed with its

fires, and running down with blood. True, Congress did not, in the

abolition of the slave trade, abolish _all_ the slavery within its

jurisdiction, but it did abolish all the slavery in _one_ part of its

jurisdiction. What has rifled it of power to abolish slavery in

_another_ part of its jurisdiction, especially in that part where it has

"exclusive legislation in all cases whatsoever?"

8. THE CONSTITUTION OF THE UNITED STATES RECOGNISES THIS POWER BY THE

MOST CONCLUSIVE IMPLICATION. In Art. 1, sec. 3, clause 1, it prohibits

the abolition of the slave trade previous to 1808: thus implying the

power of Congress to do it at once, but for the restriction; and its

power to do it _unconditionally_, when that restriction ceased. Again;

In Art. 4, sec. 2, "No person held to service or labor in one state

under the laws thereof, escaping into another, shall in consequence of

any law or regulation therein, be discharged from said service or

labor." This clause was inserted, as all admit, to prevent the runaway

slave from being emancipated by the _laws_ of the free states. If these

laws had _no power_ to emancipate, why this constitutional guard to

prevent it?

The insertion of the clause, was the testimony of the eminent jurists

that framed the Constitution, to the existence of the _power_, and their

public proclamation, that the abolition of slavery was within the

appropriate sphere of legislation. The right of the owner to that which

is rightfully property, is founded on a principle of _universal law_,

and is recognised and protected by all civilized nations; property in

slaves is, by general consent, an _exception_; hence slaveholders

insisted upon the insertion of this clause in the United States

Constitution, that they might secure by an _express provision_, that

from which protection is withheld, by the acknowledged principles of

universal law.[A] By demanding this provision, slaveholders consented

that their slaves should not be recognised as property by the United

States Constitution, and hence they found their claim, on the fact of

their being "_persons_, and _held_ to service."

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