Slavery -- United States; United States -- Politics and government -- 1849-1853
I suppose no one will deny that the positive prohibitions, against
the exercise of certain enumerated powers, apply to Congress, when
legislating for this District, just as much as when legislating for
the union at large. This doctrine has recently been strongly asserted
by Mr. Calhoun in the Senate of the United States; and, as I would
gladly produce conviction in southern minds, I make use of this
southern authority. He affirms that Congress, in legislating for
the territories, “is subject to many and important restrictions and
conditions, of which some are expressed and others implied. Among
the former may be classed all the general and absolute prohibitions
of the constitution; that is, all those which prohibit the exercise
of certain powers under any circumstances. In this class is included
the prohibition of granting titles of nobility; passing _ex post
facto_ laws and bills of attainder; the suspension of the writ of
_habeas corpus_, except in certain cases; making laws respecting the
establishment of religion, or its free exercise, and every other of
like description.”
Will any man say that Congress can pass an _ex post facto_ law for this
District, and defend itself by referring to its power of “exclusive
legislation” over it? Can Congress pass a bill of attainder corrupting
the blood of an inhabitant of this District, or repeal or suspend
at any time his right to a writ of _habeas corpus_, or establish a
religion here, or interdict the free exercise thereof? No jurist, no
statesman, will pretend it.
But there is another prohibition in the constitution every whit as full
and explicit as any of these. The fifth article of amendment declares
that “no person shall be deprived of life, liberty, or property,
without due process of law.”
Public-domain text, read in full here on John Shaqi.
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