Slavery -- United States; United States -- Politics and government -- 1849-1853
A similar thing must have happened to thousands of our fellow-citizens
of the Union. Some of them at first lived under a foreign government;
then under one territorial government; then under another; and at
last have become citizens of a state, without any change of domicile.
Indeed, it would seem that nothing can be clearer than the proposition,
whether regarded as a legal or a political one, that the laws and the
jurisdiction may be changed over a man who continues to reside in the
same place, just as effectually and as completely as a man may change
the laws and jurisdiction over himself by removing to a different
place. In many cases, the former works a more thorough change than
the latter. The laws of Great Britain do not acknowledge the right
of self-expatriation; while, at the same time, it is held, that the
inhabitants of a foreign province, incorporated into the kingdom,
change their allegiance without changing their residence.
3. My third proposition is this: _That the jurisdiction under which the
inhabitants of what is now the District of Columbia lived, prior to the
cession of the District by Maryland to the United States, was utterly
and totally changed, at the moment of the cession,--at the moment when,
according to the provisions of the constitution, they ceased to be
citizens of the state of Maryland, and became citizens of the District
of Columbia._
By the 17th paragraph, (Hickey’s Constitution,) of the 8th section
of the 1st article, it is provided that Congress shall have power
“to exercise exclusive legislation in all cases whatsoever over such
District, (not exceeding ten miles square,) as may, by cession of
particular states, and the acceptance of Congress, become the seat of
the government of the United States.”
Congress, then, has the power of sole and exclusive legislation, “in
all cases whatsoever,” in regard to the District of Columbia. What
is the meaning of the word “exclusive” in this connection? It cannot
mean _absolute_ and _uncontrolled_; for, if it did, it would make
Congress as sovereign as the Russian autocrat. It means that no other
government, no other body of men whatever, shall have concurrent power
of legislation over the District; nor, indeed, any subordinate power,
except what may be derived from Congress. Over every man who is a
citizen of one of the United States, there are two jurisdictions,--the
jurisdiction of the general government, and the jurisdiction of the
state government. There are two governments that have the power to
legislate for him; but there is only one power,--the Congress of the
United States,--that can legislate for a citizen of the District of
Columbia.
In _Kendall_ vs. _The United States_, 12 Peters, 524, it is said,
“There is in the District of Columbia no division of powers between the
general and state governments. Congress has the entire control over the
District, for every purpose of government.”
Public-domain text, read in full here on John Shaqi.
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