e and right between man and
man,--principles paramount to all law, and from which alone, law derives
its intrinsic authoritative sanction.]

9. CONGRESS HAS UNQUESTIONABLE POWER TO ADOPT THE COMMON LAW, AS THE
LEGAL SYSTEM, WITHIN ITS EXCLUSIVE JURISDICTION.--This has been done,
with certain restrictions, in most of the States, either by legislative
acts or by constitutional implication. THE COMMON LAW KNOWS NO SLAVES.
Its principles annihilate slavery wherever they touch it. It is a
universal, unconditional, abolition act. Wherever slavery is a legal
system, it is so only by _statute_ law, and in violation of the common
law. The declaration of Lord Chief Justice Holt, that, "by the common
law, no man can have property in another," is an acknowledged axiom, and
based upon the well known common law definition of property. "The
subjects of dominion or property are _things_, as contra-distinguished
from _persons_." Let Congress adopt the common law in the District of
Columbia, and slavery there is abolished. Congress may well be at home
in common law legislation, for the common law is the grand element of
the United States' Constitution. All its _fundamental_ provisions are
instinct with its spirit; and its existence, principles, and paramount
authority, are presupposed and assumed throughout the whole. The
preamble of the Constitution plants the standard of the Common Law
immovably in its foreground. "We, the people of the United States, in
order to ESTABLISH JUSTICE, &c., do ordain and establish this
Constitution;" thus proclaiming _devotion_ to JUSTICE, as the
controlling motive in the organization of the Government, and its secure
establishment the chief object of its aims. By this most solemn
recognition, the common law, that grand legal embodyment of "justice"
and fundamental right--was made the groundwork of the Constitution, and
intrenched behind its strongest munitions. The second clause of Sec. 9,
Art. 1; Sec. 4, Art. 2, and the last clause of Sec. 2, Art. 3, with
Articles 7, 8, 9, and 13 of the Amendments, are also express
recognitions of the common law as the presiding Genius of the
Constitution.

By adopting the common law within its exclusive jurisdiction Congress
would carry out the principles of our glorious Declaration, and follow
the highest precedents in our national history and jurisprudence. It is
a political maxim as old as civil legislation, that laws should be
strictly homogeneous with the princip