power, when unrestricted by constitutional provisions,
and that the legislation of Congress over the District _is_ thus
unrestricted, its power to abolish slavery there is established.
Besides this general ground, the power of Congress to abolish slavery in
the District may be based upon another equally tenable. We argue it from
the fact, that slavery exists there _now_ by an act of Congress. In the
act of 16th July, 1790, Congress accepted portions of territory offered
by the states of Maryland and Virginia, and enacted that the laws, as
they then were, should continue in force, "until Congress shall
otherwise by law provide;" thus making the slave codes of Maryland and
Virginia its own. Under these laws, adopted by Congress, and in effect
re-enacted and made laws of the District, the slaves there are now held.
Is Congress so impotent in its own "exclusive jurisdiction" that it
_cannot_ "otherwise by law provide?" If it can say, what _shall_ be
considered property, it can say what shall _not_ be considered property.
Suppose a legislature enacts, that marriage contracts shall be mere
bills of sale, making a husband the proprietor of his wife, as his _bona
fide_ property; and suppose husbands should herd their wives in droves
for the market as beasts of burden, or for the brothel as victims of
lust, and then prate about their inviolable legal property, and deny the
power of the legislature, which stamped them property, to undo its own
wrong, and secure to wives by law the rights of human beings. Would such
cant about "legal rights" be heeded where reason and justice held sway,
and where law, based upon fundamental morality, received homage? If a
frantic legislature pronounces woman a chattel, has it no power, with
returning reason, to take back the blasphemy? Is the impious edict
irrepealable? Be it, that with legal forms it has stamped wives "wares."
Can no legislation blot out the brand? Must the handwriting of Deity on
human nature be expunged for ever? Has law no power to stay the erasing
pen, and tear off the scrawled label that covers up the IMAGE OF GOD? We
now proceed to show that
THE POWER OF CONGRESS TO ABOLISH SLAVERY IN THE DISTRICT HAS BEEN, TILL
RECENTLY, UNIVERSALLY CONCEDED.
1. It has been assumed by Congress itself. The following record stands
on the journals of the House of Representatives for 1804, p. 225: "On
motion made and seconded that the House do come to the following
resolution: 'Res
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