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, _secondly_, 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_, and I
will sustain your right." 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
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