persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the government of the constitution of the United States."

But were there no provisos to these acts? The Maryland act had none. The Virginia act had this proviso: "Sect. 2. Provided, that nothing herein contained, shall be construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States."

This specification touching the soil was merely definitive and explanatory of that clause in the act of cession, "full and absolute right." Instead of restraining the power of Congress on slavery and other subjects, it even gives it freer course; for exceptions to parts of a rule, give double confirmation to those parts not embraced in the exceptions. If it was the design of the proviso to restrict congressional action on the subject of slavery, why is the soil alone specified? As legal instruments are not paragons of economy in words, might not "John Doe," out of his abundance, and without spoiling his style, have afforded an additional word--at least a hint--that slavery was meant, though nothing was said about it?

But again, Maryland and Virginia, in their acts of cession, declare them to be made "in pursuance of" that clause of the constitution which gives to Congress "exclusive legislation in all cases whatsoever" over the ten miles square--thus, instead of restricting that clause, both States confirm it. Now, their acts of cession either accorded with that clause of the constitution, or they conflicted with it. If they conflicted with it, accepting the cessions was a violation of the constitution. The fact that Congress accepted the cessions, proves that in its views their terms did not conflict with its constitutional grant of power. The inquiry whether these acts of cession were consistent or inconsistent with the United Status' constitution, is totally irrelevant to the question at issue. What with the CONSTITUTION? That is the question. Not, what with Virginia, or Maryland, or--equally to the point--John Bull! If Maryland and Virginia had been the authorized interpreters of the constitution for the Union, these acts of cession could hardly have been more magnified than they have been recently by the southern delegation in Congress. A true understanding of the constitution can be had, forsooth, only by holding it up in the light of Maryland and Virginia legislation!

We are told, again, that those States would not have ceded the District if they had supposed the constitution gave Congress power to abolish slavery in it.

This comes with an ill grace from Maryland and Virginia. They knew the constitution. They were parties to it. They had sifted it, clause by clause, in their State conventions. They had weighed its words in the balance--they had tested them as by fire; and, finally, after long pondering, they adopted the constitution. And afterward, self-moved, they ceded the ten miles square, and declared the cession made "in pursuance of" that oft-cited clause, "Congress shall have power to exercise exclusive legislation in all cases whatsoever over such District." And now verily "they would not have ceded if they had supposed!" &c. Cede it they did, and in "full and absolute right both of soil and persons." Congress accepted the cession--state power over the District ceased, and congressional power over it commenced,--and now, the sole question to be settled is, the amount of power over the District lodged in Congress by the constitution. The constitution--THE CONSTITUTION--that is the point. Maryland and Virginia "suppositions" must be potent suppositions to abrogate a clause of the United States' Constitution! That clause either gives Congress power to abolish slavery in the District, or it does not--and that point is to be settled, not by state "suppositions," nor state usages, nor state legislation, but by the terms of the clause themselves.

Southern members of Congress, in the recent discussions, have conceded the power of a contingent abolition in the District, by suspending it upon the consent of the people. Such a doctrine from declaimers like Messrs. Alford, of Georgia, and Walker, of Mississippi, would excite no surprise; but that it should be honored with the endorsement of such men as Mr. Rives and Mr. Calhoun, is quite unaccountable. Are attributes of sovereignty mere creatures of contingency? Is delegated authority mere conditional permission? Is a constitutional power to be exercised by those who hold it, only by popular sufferance? Must it lie helpless at the pool of public sentiment, waiting the gracious troubling of its waters? Is it a lifeless corpse, save only when popular "consent" deigns to puff breath into its nostrils? Besides, if the consent of the people of the District be necessary, the consent of the whole people must be had--not that of a majority, however large. Majorities, to be authoritative, must be legal--and a legal majority without legislative power, or right of representation, or even the electoral franchise, would be truly an anomaly! In the District of Columbia, such a thing as a majority in a legal sense is unknown to law. To talk of the power of a majority, or the will of a majority there, is mere mouthing. A majority? Then it has an authoritative will, and an organ to make it known, and an executive to carry it into effect--Where are they? We repeat it--if the consent of the people of the District be necessary, the consent of every one is necessary--and universal consent will come only with the Greek Kalends and a "perpetual motion." A single individual might thus perpetuate slavery in defiance of the expressed will of a whole people. The most common form of this fallacy is given by Mr. Wise, of Virginia, in his speech, February 16, 1835, in which he denied the power of Congress to abolish slavery in the District, unless the inhabitants owning slaves petitioned for it!! Southern members of Congress at the present session (1837-8) ring changes almost daily upon the same fallacy. What! pray Congress to use a power which it has not? "It is required of a man according to what he hath," saith the Scripture. I commend Mr. Wise to Paul for his ethics. Would that he had got his logic of him! If Congress does not possess the power, why taunt it with its weakness, by asking its exercise? Petitioning, according to Mr. Wise, is, in matters of legislation, omnipotence itself; the very source of all constitutional power; for, asking Congress to do what it cannot do, gives it the power!--to pray the exercise of a power that is not, creates it! A beautiful theory! Let us work it both ways. If to petition for the exercise of a power that is not, creates it--to petition against the exercise of a power that is, annihilates it. As southern gentlemen are partial to summary processes, pray, sirs, try the virtue of your own recipe on "exclusive legislation in all cases whatsoever;" a better subject for experiment and test of the prescription could not be had. But if the petitions of the citizens of the District give Congress the right to abolish slavery, they impose the duty; if they confer constitutional authority, they create constitutional obligation. If Congress may abolish because of an expression of their will, it must abolish at the bidding of that will. If the people of the District are a source of power to Congress, their expressed will has the force of a constitutional provision, and has the same binding power upon the National Legislature. To make Congress dependent on the District for authority, is to make it a subject of its authority, restraining the exercise of its own discretion,