Slavery -- United States; United States -- Politics and government -- 1849-1853
Now this is precisely the case before us. Congress, in attempting
to reënact the Maryland laws, to uphold slavery in this District,
transcended the limits of its constitutional power. It acted
unconstitutionally. It acted in plain contravention of some of the
plainest and most obvious principles consecrated by the constitution.
If so, no one will dispute that its act is void. I do not deny, then,
that Congress used words of sufficient amplitude to cover slavery; but
what I deny is, that it had any power to give legal force to those
words.
5. My next proposition, therefore, is this: _That as Congress can do
nothing excepting what it is empowered to do by the constitution, and
as the constitution does not empower it to establish slavery here, it
cannot establish slavery here, nor continue it._
Where is there any _express_ power given to Congress by the
constitution to establish slavery? Where is the article, section, or
clause? I demand to have the title shown. Thousands of human beings
are not to be robbed of all their dearest rights, and they and their
children, forever, by strained constitutions, or apocryphal authority,
doomed to bondage. Will those who say that Congress cannot establish a
banking institution by construction, nor aid internal improvements,
nor enact a tariff,--will they say that Congress can make a man a
slave, and all his posterity slaves, by construction?
Nor can any power to establish slavery be deduced from the 18th clause
of the 8th section of the 1st article of the constitution, which gives
Congress power “to make all laws which shall be necessary and proper
for carrying into execution” the powers that are granted.
What power is granted to Congress, for the exercise of which the
establishment of slavery in this District is a necessary means or
a preliminary? Congress has power to lay and collect taxes; to
borrow money; to regulate commerce; to establish uniform rules of
naturalization; to coin money; to punish counterfeiters; to establish
post offices and post roads; to promote the progress of science and
the arts; to establish courts; to define and punish piracies on the
high seas; to declare war; to raise and support armies; to provide and
maintain a navy; to organize and maintain a militia; and so forth,
and so forth. But to what one of all these powers is the power to
establish slavery in the District of Columbia a necessary incident? If
slavery in the District of Columbia were to cease to-day, could not the
government continue to exercise every function which it has heretofore
exercised? If so, then the existence of slavery in this District is not
“necessary” to the exercise of any of the expressly granted powers. I
call upon any gentleman to name any one power of this government which
cannot be exercised, which must necessarily cease, if slavery should
cease to be, in this District of Columbia? “I pause for a reply.”
Public-domain text, read in full here on John Shaqi.
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