The Anti-Slavery Examiner, Part 2 of 4 — John Shaqi
The Anti-Slavery Examiner, Part 2 of 4American Anti-Slavery Society
History
The Anti-Slavery Examiner, Part 2 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
In common with the legislatures of the States, Congress cannot
constitutionally pass ex post facto laws in criminal cases, nor suspend
the writ of habeas corpus, nor pass a bill of attainder, nor abridge the
freedom of speech and of the press, nor invade the right of the people
to be secure in their persons, houses, papers, and effects, nor enact
laws respecting an establishment of religion. These are general
limitations. Congress cannot do these things _any where_. The exact
import, therefore, of the clause "in all cases whatsoever," is, _on all
subjects within the appropriate sphere of legislation_. Some
legislatures are restrained by constitutions from the exercise of powers
strictly within the proper sphere of legislation. Congressional power
over the District has no such restraint. It traverses the whole field of
legitimate legislation. All the power which any legislature has within
its own jurisdiction, Congress holds over the District of Columbia.
It has been asserted that the clause in question respects merely police
regulations, and that its sole design was to enable Congress to protect
itself against popular tumults. But if the framers of the Constitution
aimed to provide for a _single_ case only, why did they provide for
"_all_ cases whatsoever?" Besides, this clause was opposed in many of
the state conventions, because the grant of power was not restricted to
police regulations _alone_. In the Virginia Convention, George Mason,
the father of the Virginia Constitution, said, "This clause gives an
unlimited authority in every possible case within the District. He would
willingly give them exclusive power as far as respected the police and
good government of the place, but he would give them no more." Mr.
Grayson said, that control over the _police_ was all-sufficient, and
that the "Continental Congress never had an idea of exclusive
legislation in all cases." Patrick Henry said. "Is it consistent with
any principle of prudence or good policy, to grant _unlimited, unbounded
authority?_" Mr. Madison said in reply: "I did conceive that the clause
under consideration was one of those parts which would speak its own
praise. When any power is given, its delegation necessarily involves
authority to make laws to execute it. * * * * The powers which are found
necessary to be given, are therefore delegated _generally_, and
particular and minute specification is left to the legislature. * * * It
is not within the limits of human capacity to delineate on paper all
those particular cases and circumstances, in which legislation by the
general legislature would be necessary." Governor Randolph said:
"Holland has no ten miles square, but she has the Hague where the
deputies of the States assemble. But the influence which it has given
the province of Holland, to have the seat of government within its
territory, subject in some respects to its control, has been injurious
to the other provinces. The wisdom of the Convention is therefore
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