FREE BOOKS

Author's List




PREV.   NEXT  
|<   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472   473   474   475  
476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   >>   >|  
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 app
PREV.   NEXT  
|<   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   471   472   473   474   475  
476   477   478   479   480   481   482   483   484   485   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   >>   >|  



Top keywords:

legislation

 

States

 

sphere

 
slavery
 

Congress

 

District

 

Virginia

 

Maryland

 
constitution
 
United

cession
 

powers

 
Constitution
 

belongs

 

constitutional

 
existence
 
territory
 
question
 
states
 
sovereignty

original

 

abolition

 

artificial

 

legislatures

 

equally

 

conditions

 

system

 

creature

 
considered
 

control


creating

 

affirmed

 

express

 

sustain

 

create

 

neighbor

 

Cannot

 

repeal

 
recognised
 

abolishing


travel

 

rights

 

adopted

 
prating
 

grooves

 

prodigies

 

nullities

 

indebted

 

bevelled

 
clause