A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The District of Columbia was ceded to the United States by Maryland and
Virginia in order that it might become the permanent seat of Government
of the United States. Accepted by Congress, it at once became subject to
the "exclusive legislation" for which provision is made in the Federal
Constitution. It should be borne in mind, however, that in exercising
its functions as the lawmaking power of the District of Columbia the
authority of the National Legislature is not without limit, but that
Congress is bound to observe the letter and spirit of the Constitution
as well in the enactment of local laws for the seat of Government as
in legislation common to the entire Union. Were it to be admitted that
the right "to exercise exclusive legislation in all cases whatsoever"
conferred upon Congress unlimited power within the District of Columbia,
titles of nobility might be granted within its boundaries; laws might be
made "respecting an establishment of religion or prohibiting the free
exercise thereof, or abridging the freedom of speech or of the press,
or the right of the people peaceably to assemble and to petition the
Government for a redress of grievances." Despotism would thus reign at
the seat of government of a free republic, and as a place of permanent
residence it would be avoided by all who prefer the blessings of liberty
to the mere emoluments of official position.
It should also be remembered that in legislating for the District of
Columbia under the Federal Constitution the relation of Congress to
its inhabitants is analogous to that of a legislature to the people
of a State under their own local constitution. It does not, therefore,
seem to be asking too much that in matters pertaining to the District
Congress should have a like respect for the will and interest of its
inhabitants as is entertained by a State legislature for the wishes
and prosperity of those for whom they legislate. The spirit of our
Constitution and the genius of our Government require that in regard to
any law which is to affect and have a permanent bearing upon a people
their will should exert at least a reasonable influence upon those who
are acting in the capacity of their legislators. Would, for instance,
the legislature of the State of New York, or of Pennsylvania, or of
Indiana, or of any State in the Union, in opposition to the expressed
will of a large majority of the people whom they were chosen to
represent, arbitrarily force upon them as voters all persons of the
African or negro race and make them eligible for office without any
other qualification than a certain term of residence within the State?
In neither of the States named would the colored population, when acting
together, be able to produce any great social or political result.
Yet in New York, before he can vote, the man of color must fulfill
conditions that are not required of the white citizen; in Pennsylvania
the elective franchise is restricted to white freemen, while in Indiana
Public-domain text, read in full here on John Shaqi.
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