The Anti-Slavery Examiner, Part 2 of 4 by American Anti-Slavery Society
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page 8 of 1064 (00%)
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There is a deal of prating about constitutional power over the District,
as though Congress were indebted for it to Maryland and Virginia. The powers of those states, whether prodigies or nullities, have nothing to do with the question. As well thrust in the powers of the Grand Lama to join issue upon, or twist papal bulls into constitutional tether, with which to curb congressional action. THE CONSTITUTION OF THE UNITED STATES gives power to Congress, and takes it away, and _it alone_. Maryland and Virginia adopted the Constitution _before_ they ceded to the United States the territory of the District. By their acts of cession, they abdicated their own sovereignty over the District, and thus made room for that provided by the United States' constitution, which sovereignty was to commence as soon as a cession of territory by states, and its acceptance by Congress, furnished a sphere for its exercise. That the abolition of slavery is within the sphere of legislation, I argue. 2. FROM THE FACT, THAT SLAVERY, AS A LEGAL SYSTEM, IS THE CREATURE OF LEGISLATION. The law, by _creating_ slavery, not only affirmed its _existence_ to be within the sphere and under the control of legislation, but also, the conditions and terms of its existence, and the _question_ whether or not it should exist. Of course legislation would not travel _out_ of its sphere, in abolishing what is _within_ it, and what had been recognized to be within it, by its own act. Cannot legislatures repeal their own laws? If law can take from a man his rights, it can give them back again. If it can say, "your body belongs to your neighbor," it can say, "it belongs to _yourself_." If it can annul a man's right to himself, held by express grant from his Maker, and can create for another an _artificial_ title to him, can it not annul the artificial title, and leave the original owner to hold himself by his original title? |
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