Slavery -- United States; United States -- Politics and government -- 1849-1853
A citizen of the District of Columbia cannot maintain an action in the
circuit court of the United States out of the District, he not being
a citizen of the state within the meaning of the provision of the law
of the United States regulating the jurisdiction of the courts of the
United States. _Hepburn et al._ vs. _Ellzey_, 2 Cranch, 445; 1 Cond.
Rep. 444. See also _Loughborough_ vs. _Blake_, 5 Wheat. 317, and _Levy
Court of Washington_ vs. _Ringgold_, 5 Peters, 451.
4. The next point of inquiry is, _What is the legal force and effect,
upon the subject of slavery, of the act of Congress of 1801, before
cited?_ Its words are, “That the laws of the state of Maryland, as they
now exist, shall be continued in force in that part of said District
which was ceded by that state to the United States,” &c. And here, I
acknowledge that the operation of this clause is precisely the same as
though Congress had transcribed all the Maryland laws, word for word,
and letter for letter, into its own statute book, with the clause
prefixed, “Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,” and the President
of the United States had affixed his signature thereto. I acknowledge
further, that the laws of Maryland had legalized slavery within the
state of Maryland, and had defined what classes of persons might be
held as slaves therein.
But it by no means follows, because Congress proposed to reënact, in
terms, for this District, all the laws of Maryland, that, therefore, it
did reënact them. It does not follow, that because two legislatures use
the same words, that the words must necessarily have the same effect.
It makes all the difference in the world, whether words are used by
one possessed of power, or by one devoid of power. Congress might pass
a law in precisely the same words as those used by the Parliament of
Great Britain, and yet the law of Congress be invalid and inoperative,
while the act of Parliament would be valid and binding. We have a
written constitution; Great Britain has no written constitution. The
British Parliament, on many subjects, has an ampler jurisdiction than
the American Congress. The law of Congress might be unconstitutional
and void, while that of the British Parliament, framed in precisely the
same language, might be constitutional and binding.
So the law of Maryland might be valid under the constitution of
Maryland, and, therefore, binding upon the citizens of Maryland; while
the law of Congress, though framed in precisely the same words, would
be repugnant to the constitution of the United States, and therefore
have no validity.
Public-domain text, read in full here on John Shaqi.
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