specification is left
to the Legislature.... It is not within the limits of human capacity to
delineate on paper all those particular cases and circumstances, in
which legislation by the general legislature, would be necessary."
Governor Randolph said: "Holland has no ten miles square, but she has
the Hague where the deputies of the States assemble. But the influence
which it has given the province of Holland, to have the seat of
government within its territory, subject in some respects to its
control, has been injurious to the other provinces." The wisdom of the
convention is therefore manifest in granting to Congress exclusive
jurisdiction over the place of their session. [_Deb. Va. Con._, p. 320.]
In the forty-third number of the "Federalist," Mr. Madison says: "The
indispensable necessity of _complete_ authority at the seat of
government, carries its own evidence with it."
Finally, that the grant in question is to be interpreted according to
the obvious import of its _terms_, is proved by the fact, that Virginia
proposed an amendment to the United States' Constitution at the time of
its adoption, providing that this clause "should be so construed as to
give power only over the _police and good government_ of said District,"
_which amendment was rejected._
The former part of the clause under consideration, "Congress shall have
power to exercise _exclusive_ legislation," gives _sole_ jurisdiction,
and the latter part, "in all cases whatsoever," defines the _extent_ of
it. Since, then, Congress is the _sole_ legislature within the District,
and since its power is limited only by the checks common to all
legislatures, it follows that what the law-making power is intrinsically
competent to do _any_ where, Congress is competent to do in the District
of Columbia. Having disposed of preliminaries, we proceed to state and
argue the _real question_ at issue.
IS THE LAW-MAKING POWER COMPETENT TO ABOLISH SLAVERY WHEN NOT RESTRICTED
IN THAT PARTICULAR BY CONSTITUTIONAL PROVISIONS--or, IS THE ABOLITION OF
SLAVERY WITHIN THE APPROPRIATE SPHERE OF LEGISLATION?
In every government, absolute sovereignty exists _somewhere_. In the
United States it exists primarily with the _people_, and _ultimate_
sovereignty _always_ exists with them. In each of the States, the
legislature possesses a _representative_ sovereignty, delegated by the
people through the Constitution--the people thus committing to the
legislature a portion of
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