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and correlative. Are principles powerless with us which exact homage of
barbarians? _Protection is the_ CONSTITUTIONAL RIGHT _of every human.
being under the exclusive legislation of Congress who has not forfeited
it by crime_.
In conclusion, I argue the power of Congress to abolish slavery in the
District, from Art. 1, sec. 8, clause 1, of the constitution; "Congress
shall have power to provide for the common defence and the general
welfare of the United States." Has the government of the United States
no power under this grant to legislate within its own exclusive
jurisdiction on subjects that vitally affect its interest? Suppose the
slaves in the district should rise upon their masters, and the United
States' government, in quelling the insurrection, should kill any number
of them. Could their masters claim compensation of the government?
Manifestly not; even though no proof existed that the particular slaves
killed were insurgents. This was precisely the point at issue between
those masters, whose slaves were killed by the State troops at the time
of the Southampton insurrection, and the Virginia Legislature: no
evidence was brought to show that the slaves killed by the troops were
insurgents; yet the Virginia Legislature decided that their masters were
_not entitled to compensation._ They proceeded on the sound principle,
that the government may in self-protection destroy the claim of its
subjects even to that which has been recognized as property by its own
acts. If in providing for the common defence, the United States'
government, in the case supposed, would have power to destroy slaves
both as _property_ and _persons_, it surely might stop _half-way_,
destroy them _as property_ while it legalized their existence as
_persons_, and thus provided for the common defence by giving them a
personal and powerful interest in the government, and securing their
strength for its defence.
Like other Legislatures, Congress has power to abate nuisances--to
remove or tear down unsafe buildings--to destroy infected cargoes--to
lay injunctions upon manufactories injurious to the public health--and
thus to "provide for the common defence and general welfare" by
destroying individual property, when such property puts in jeopardy the
public weal.
Granting, for argument's sake, that slaves are "property" in the
District of Columbia--if Congress has a right to annihilate property
there when the public safety requires it, i
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