Slavery -- United States; United States -- Politics and government -- 1849-1853
But the same clause in the constitution which gives Congress the
power of exclusive legislation over this District, also empowers it
“to exercise like authority over all places purchased by the consent
of the legislature of the state, in which the same shall be, for the
erection of forts, magazines, arsenals, dock-yards, and other needful
buildings.” If, then, Congress has any constitutional power to legalize
slavery in this District, it has the same power to legalize it, (that
is, to create it,) in all places in the state of Massachusetts, or New
York, or any other, where it may have obtained territory from a state
for a fort, magazine, arsenal, dock-yard, or other needful building.
Where it has obtained land in the middle of a city,--Philadelphia, New
York, Boston, or Chicago,--for a custom-house, it may create slavery
there. The power to do this is conferred in precisely the same words as
the power by which it has been held that slavery can be established in
the District of Columbia.
And now I will occupy the few minutes that are left me, in considering
what seems to me the only plausible argument that can be urged in favor
of the constitutionality of slavery in this District.
It may be said, that when a territory is obtained by one nation from
another, whether by conquest or by treaty, the laws which governed the
inhabitants at the time of the conquest or cession, remain in force
until they are abrogated by the laws of the conquering or purchasing
power. For this principle, the authority of Lord Mansfield, in the case
of _Campbell_ v. _Hall_, 1 Cowper, 208, may be cited. The decision of
our own courts are to the same effect. (See _United States, appellant_,
vs. _Juan Percheman_, 2 Gallison’s Reports, 501; _Johnson_ vs.
_McIntosh_, 7 Peters, 51; 8 Wheat. 543.) I do not dispute the authority
of this case. But it does not touch the question I am arguing; or, so
far as it bears upon it at all, it confirms the views I would enforce.
The principle is, that the existing laws remain in force _until_
they are abrogated. I agree to this. But in the case of the District
of Columbia, there was a special agreement between Maryland and the
United States, that as soon as the United States should legislate for
the District, the laws of Maryland, _as such_, should cease to be
operative here. On the 27th day of February, 1801, therefore, all the
rights which the citizens of this District possessed, they possessed
under the law of Congress, and not under the law of Maryland. On the
day preceding, a citizen could have voted for governor or other state
officers of Maryland; but on the day following, he could no longer
vote for any such officer. On the day preceding, he could have voted
for electors of President and Vice President of the United States;
but on the day following, he was bereft of all such right of the
elective franchise, and must accept such officers and legislators as
the rest of the country might choose to elect for him. On the day
Public-domain text, read in full here on John Shaqi.
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