sses, 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, and sinking it into a mere organ of the
District's will. We proceed to another objection.
"The southern states would not have ratified the constitution, if they
had supposed that it gave this power." It is a sufficient answer to this
objection, that the northern states would not have ratified it, if they
had supposed that it _withheld_ the power. If "suppositions" are to take
the place of the constitution--coming from both sides, they neutralize
each other. To argue a constitutional question by _guessing_ at the
"suppositions" that might have been made by the parties to it, would
find small favor in a court of law. But even a desperate shift is some
easement when sorely pushed. If this question is to be settled by
"suppositions," suppositions shall be forth coming, and that without
stint.
First, then, I affirm that the North ratified the constitution,
"supposing" that slavery had begun to wax old, and would speedily vanish
away, and especially that the abolition of the slave trade, which by the
constitution was to be surrendered to Congress after twenty years, would
cast it headlong.
Would the North have adopted the constitution, giving three-fifths of
the "slave property" a representation, if it has "supposed" that the
slaves would have increased from half a million to two millions and a
half by 1838--and that the census of 1840 would give to the slave
states, 30 representatives of "slave property?"
If they had "supposed" that this representation would have controlled
the legislation of the government, and carried against the North every
question vital to its interests, would Alexa
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