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
A careful analysis of Mr. Clay's resolution and of the discussions upon
it, will convince every fair mind that this is but the legitimate
carrying out of the _principle_ pervading both. They proceed virtually
upon the hypothesis that the will and pleasure of Virginia and Maryland
are paramount to those of the Union. If the original design of setting
apart a federal district had been for the sole accommodation of the
south, there could hardly have been higher assumption or louder
vaunting. The only object of _having_ such a District was in effect
totally perverted in the resolution of Mr. Clay, and in the discussions
of the entire southern delegation, upon its passage. Instead of taking
the ground, that the benefit of the whole Union was the sole _object_ of
a federal district, and that it was to be legislated over _for this
end_--the resolution proceeds upon an hypothesis totally the reverse. It
takes a single point of _state_ policy, and exalts it above NATIONAL
interests, utterly overshadowing them; abrogating national rights;
making void a clause of the Constitution; humbling the general
government into a subject crouching for favors to a superior, and that
too within its own exclusive jurisdiction. All the attributes of
sovereignty vested in Congress by the Constitution, it impales upon the
point of an alleged _implication_. And this is Mr. Clay's
peace-offering, to the lust of power and the ravenings of state
encroachment! A "compromise," forsooth! that sinks the general
government on _its own territory_, into a mere colony, with Virginia and
Maryland for its "mother country!" It is refreshing to turn from these
shallow, distorted constructions and servile cringings, to the high
bearing of other southern men in other times; men, who as legislators
and lawyers, scorned to accommodate their interpretations of
constitutions and charters to geographical lines, or to bend them to the
purposes of a political canvass. In the celebrated case of Cohens _vs._
the State of Virginia, Hon. William Pinkney, late of Baltimore, and Hon.
Walter Jones, of Washington city, with other eminent constitutional
lawyers, prepared an elaborate opinion, from which the following is an
extract: "Nor is there any danger to be apprehended from allowing to
Congressional legislation with regard to the District of Columbia, its
FULLEST EFFECT. Congress is responsible to the States, and to the people
for that legislation. It is in truth the legislation of the states over
a district placed under their control FOR THEIR OWN BENEFIT, not for
that of the District, except as the prosperity of the District is
involved, and _necessary to the general advantage_."--[Life of
Pinkney, p. 612.]
Public-domain text, read in full here on John Shaqi.
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