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قراءة كتاب The Anti-Slavery Examiner, Part 2 of 4

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The Anti-Slavery Examiner, Part 2 of 4

The Anti-Slavery Examiner, Part 2 of 4

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دار النشر: Project Gutenberg
الصفحة رقم: 8

Intelligencer, April 29, 1829,) he says: "In the District of Columbia, containing a population of 30,000 souls, and probably as many slaves as the whole territory of Missouri, THE POWER OF PROVIDING FOR THEIR EMANCIPATION RESTS WITH CONGRESS ALONE. Why then, this heart-rending sympathy for the slaves of Missouri, and this cold insensibility, this eternal apathy, towards the slaves in the District of Columbia?"

It is quite unnecessary to add, that the most distinguished northern statesmen of both political parties, have always affirmed the power of Congress to abolish slavery in the District. President Van Buren in his letter of March 6, 1836, to a committee of Gentlemen in North Carolina, says, "I would not, from the light now before me, feel myself safe in pronouncing that Congress does not possess the power of abolishing slavery in the District of Columbia." This declaration of the President is consistent with his avowed sentiments touching the Missouri question, on which he coincided with such men as Daniel D. Thompkins, De Witt Clinton, and others, whose names are a host.[A] It is consistent, also with his recommendation in his last message, in which speaking of the District, he strongly urges upon Congress "a thorough and careful revision of its local government," speaks of the "entire independence" of the people of the District "upon Congress," recommends that a "uniform system of local government" be adopted, and adds, that "although it was selected as the seat of the General Government, the site of its public edifices, the depository of its archives, and the residences of officers intrusted with large amounts of public property, and the management of public business, yet it never has been subjected to, or received, that special and comprehensive legislation which these circumstances peculiarly demanded."

[Footnote A: Mr. Van Buren, when a member of the Senate of New-York, voted for the following preamble and resolutions, which passed unanimously:--Jan. 28th, 1820. "Whereas the inhibiting the further extension of slavery in the United States, is a subject of deep concern to the people of this state: and whereas, we consider slavery as an evil much to be deplored, and that every constitutional barrier should be interposed to prevent its further extension: and that the constitution of the United States clearly gives Congress the right to require new states, not comprised within the original boundary of the United States, to make the prohibition of slavery a condition of their admission into the Union: Therefore,

Resolved, That our Senators be instructed, and our members of Congress be requested, to oppose the admission as a state into the Union, of any territory not comprised as aforesaid, without making the prohibition of slavery therein an indispensible condition of admission."

]

The tenor of Mr. Tallmadge's speech on the right of petition, and of Mr. Webster's on the reception of abolition memorials, may be taken as universal exponents of the sentiments of northern statesmen as to the power of Congress to abolish slavery in the District of Columbia.

An explicit declaration, that an "overwhelming majority" of the present Congress concede the power to abolish slavery in the District has just been made by Robert Barnwell Rhett, a member of Congress from South Carolina, in a letter published in the Charleston Mercury of Dec. 27, 1837. The following is an extract:

"The time has arrived when we must have new guaranties under the constitution, or the Union must be dissolved. Our views of the constitution are not those of the majority. AN OVERWHELMING MAJORITY think that by the constitution, Congress may abolish slavery in the District of Columbia--may abolish the slave trade between the States; that is, it may prohibit their being carried out of the State in which they are--and prohibit it in all the territories, Florida among them. They think, NOT WITHOUT STRONG REASONS, that the power of Congress extends to all of these subjects."

Direct testimony to show that the power of Congress to abolish slavery in the District, has always till recently been universally conceded, is perhaps quite superfluous. We subjoin, however, the following:

The Vice-President of the United States in his speech on the Missouri question, quoted above, after contending that the restriction of slavery in Missouri would be unconstitutional, declares, that the power of Congress over slavery in the District "COULD NOT BE QUESTIONED." In the speech of Mr. Smyth, of Va., also quoted above, he declares the power of Congress to abolish slavery in the District to be "UNDOUBTED."

Mr. Sutherland, of Penn., in a speech in the House of Representatives, on the motion to print Mr. Pinckney's Report, is thus reported in the Washington Globe, of May 9th, '36. "He replied to the remark that the report conceded that Congress had a right to legislate upon the subject in the District of Columbia, and said that SUCH A RIGHT HAD NEVER BEEN, TILL RECENTLY, DENIED."

The American Quarterly Review, published at Philadelphia, with a large circulation and list of contributors in the slave states, holds the following language in the September No. 1833, p. 55: "Under this 'exclusive jurisdiction,' granted by the constitution, Congress has power to abolish slavery and the slave trade in the District of Columbia. It would hardly be necessary to state this as a distinct proposition, had it not been occasionally questioned. The truth of the assertion, however, is too obvious to admit of argument--and we believe has NEVER BEEN DISPUTED BY PERSONS WHO ARE FAMILIAR WITH THE CONSTITUTION."

OBJECTIONS TO THE FOREGOING CONCLUSIONS CONSIDERED.

We now proceed to notice briefly the main arguments that have been employed in Congress and elsewhere against the power of Congress to abolish slavery in the District. One of the most plausible is, that "the conditions on which Maryland and Virginia ceded the District to the United States, would be violated, if Congress should abolish slavery there." The reply to this is, that Congress had no power to accept a cession coupled with conditions restricting that "power of exclusive legislation in all cases whatsoever, over such District," which was given it by the constitution.

To show the futility of the objection, we insert here the acts of cession. The cession of Maryland was made in November, 1788, and is as follows: "An act to cede to Congress a district of ten miles square in this state for the seat of the government of the United States."

"Be it enacted, by the General Assembly of Maryland, that the representatives of this state in the House of Representatives of the Congress of the United States, appointed to assemble at New-York, on the first Wednesday of March next, be, and they are; hereby authorized and required on the behalf of this state, to cede to the Congress of the United States, any district in this state, not exceeding ten miles square, which the Congress may fix upon, and accept for the seat of government of the United States." Laws of Md., v. 2., c. 46.

The cession of Virginia was made on the 3d of December, 1788, in the following words:

"Be it enacted by the General Assembly, That a tract of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of the State, and in any part thereof; as Congress may, by law, direct, shall be, and the same is hereby forever ceded and relinquished to the Congress and Government of the United States, in full and absolute right, and exclusive jurisdiction, as well of soil, as of

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