“There is just your mistake; and connected with it are most of the
errors that are floating about in our political world. The _country_
gets its legal right to do all these things from the laws of nations;
the Constitution merely saying _who_ shall be its agents in the
exercise of these powers. Thus _war_ is rendered legal by the custom
of nations; and the Constitution says Congress shall declare war. It
also says Congress shall pass all laws that become necessary to carry
out this power. It follows, Congress may pass any law that has a
legitimate aim to secure a conquest. Nor is this all the functionaries
of the government can do, on general principles, in the absence of any
special provisions by a direct law. The latter merely supersedes or
directs the power of the former. The Constitution guarantees nothing
to the territories. They are strictly subject, and may be governed
absolutely. The only protection of their people is in the sympathy and
habits of the people of the States. We give them political liberty,
not as of legal necessity, but as a boon to which they are entitled in
good-fellowship—or as the father provides for his children.”
“Then you think Congress has power to exclude slavery from California?”
“I can’t imagine a greater legal absurdity than to deny it. I see no use
in any legislation on the subject, as a matter of practice, since
California will shortly decide on this interest for itself; but, as a
right in theory, it strikes me to be madness to deny that the government
of the United States has full power over all its territories, both on
general principles and under the Constitution.”
“And in the Deestrict—you hold to the same power in the Deestrict?”
“Beyond a question. Congress can abolish domestic servitude or slavery
in the District of Columbia, whenever it shall see fit. The _right_ is
as clear as the sun at noon-day.”
“If these are your opinions, ’Squire, I’ll go for Free Sile and
Abolition in the Deestrict. They have a popular cry, and take
wonderfully well in Duke’s, and will build me up considerable. I like to
be right; but, most of all, I like to be strong.”
“If you adopt such a course, you will espouse trouble without any dower,
and that will be worse than McBrain’s three wives; and, what is more, in
the instance of the District, you will be guilty of an act of
oppression. You will remember that the possession of a legal power to do
a particular thing, does not infer a moral right to exercise it. As
respects your Free Soil, it may be well to put down a foot; and, so far
as votes legally used can be thrown, to prevent the further extension of
slavery. In this respect you are right enough, and will be sustained by
an overwhelming majority of the nation; but, when it comes to the
District, the question has several sides to it.”
“You said yourself, ’Squire, that Congress has all power to legislate
for the Deestrict?”
Public-domain text, read in full here on John Shaqi.
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