Slavery -- United States; United States -- Politics and government -- 1849-1853
Well, then, if a power to establish slavery in this District is not
among the granted powers, and if it is not necessary for the exercise
of any one of the granted powers, then it is--no where;--it does not
exist at all. No power of Congress, then, exists, either for the
creation or for the continuance of slavery in this District; and all
the legislation of Congress upon this subject is beyond or against the
constitution.
Let me illustrate this in another way. Suppose there had been a
religious establishment in Maryland at the time of the cession;
suppose, under the auspices of Lord Baltimore, the Catholic religion
had been established as the religion of the state; and that, in order
to punish heresy and secure conformity to the religion of the state,
an inquisition had been founded, and that the seat of that inquisition
had been within the limits of the District of Columbia, at the time
of the cession; could Congress, in the absence of all express or
implied authority on the subject of establishing a state religion,
have upheld the Catholic religion here, and appointed the officers of
the inquisition to administer it? The idea is abhorrent to the whole
spirit of the constitution. But Congress had as much power to establish
a national religion here, in the absence of all express or implied
authority to do so, as to establish slavery here.
Congress, then, does not and cannot legalize slavery in this District.
It found slavery in existence in the states; and it does not abolish
it, or interfere with it, because it has no power of “exclusive
legislation” in them. But Congress has as much right to go into any
state and abolish slavery there, as any state, even Virginia or
Maryland, has to come into this District with its laws and establish
slavery here. I suppose that no jurist will contend that Congress could
have passed the act of 1793, for the recapture of fugitive slaves, had
it not been for the third clause in the second section of the fourth
article of the constitution, which provides for the redelivery of a
fugitive slave, on the claim of his master. By this article in the
constitution, the case of _fugitive_ slaves only is provided for. If a
master voluntarily carries his slave into a free state, and the slave
departs from his possession, he cannot reclaim him. Why not? Why cannot
Congress pass a law, that if a man takes a dozen slaves to Boston, and
they there see fit to strike for wages, and to leave his possession
because their terms are not complied with,--why is it, I ask, that
Congress cannot pass a law authorizing their seizure and delivery into
the master’s hands? The reason is, that the constitution has conferred
upon Congress no such express power, nor is any such power implied as
being necessary to the exercise of any power that is expressed. And
if Congress cannot so much as restore a slave to a master, who has
voluntarily carried him into a free state, how can it continue slavery
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