Slavery -- United States; United States -- Politics and government -- 1849-1853
preceding, he might, in the character of an insolvent debtor, have
been discharged under the insolvent laws of Maryland; but on the day
following, he could no longer be so discharged. On the day preceding,
he might have been required, though a justice of the peace of the State
of Maryland, to perform militia duty; but on the day following, if
commissioned as a justice of the peace of the District of Columbia, he
could not be compelled to perform militia duty, because he would, in
such case, be an officer of the United States. On the day preceding,
he might have sued in the circuit court of the United States, as being
a citizen of Maryland; but, on the day following, he could not so sue,
because he had ceased to be a citizen of a state. Thus the change of
jurisdiction over him deprived him of some privileges, and relieved him
from some burdens. It deprived him of these privileges, and relieved
him from these burdens, notwithstanding the act of Congress had said,
in unambiguous words, “the laws of the State of Maryland, AS THEY
NOW EXIST, _shall be and continue in force_ in that part of the said
District which was ceded by that state to the United States.” But the
most momentous change which was wrought by the transfer of the citizen
from the jurisdiction of Maryland to the jurisdiction of the United
States, was that which made it impossible for him any longer to hold
a slave. Under the laws of Maryland, he might have held his slave,
for her statutes had legalized slavery; but under the constitution of
the United States, he could not hold a slave; for that constitution
had given Congress no power to legalize slavery in this District, and
had gone so far as to make prohibitions against it. His right to hold
slaves then expired, or fell, like his right to vote for United States’
officers, or for state officers, or his right to be discharged under
the Maryland insolvent law, or his right to sue in certain courts, &c.,
&c.
Public-domain text, read in full here on John Shaqi.
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