overnment_ 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?
1. 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 their sovereignty, and specifying in their
constitutions the amount of the grant and its conditions. That the
_people_ in any state where slavery exists, have the power to abolish
it, none will deny. If the legislature have not the power, it is because
_the people_ have reserved it to themselves. Had they lodged with the
legislature "power to exercise exclusive legislation in all cases
whatsoever," they would have parted with their sovereignty over the
legislation of the State, and so far forth, the legislature would have
become _the people_, clothed with all their functions, and as such
competent, _during the continuance of the grant_, to do whatever the
people might have done before the surrender of their power:
consequently, they would have the power to abolish slavery. The
sovereignty of the District of Columbia exists _somewhere_--where is it
lodged? The citizens of the District have no legislature of their own,
no representation in Congress, and no political power whatever. Maryland
and Virginia have surrendered to the United States their "full and
absolute right and entire sovereignty," and the people of the United
States have committed to Congress by the Constitution, the power to
"exercise exc
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