saith the Scripture. I commend Mr. Wise to Paul
for his ethics. Would that he had got his
logic
of him! If Congress does not possess the power,
why taunt it with its weakness, by asking its exercise?
Why mock it by demanding impossibilities? Petitioning,
according to Mr. Wise, is, in matters of legislation,
omnipotence itself; the very
source of all
constitutional power; for,
asking Congress to
do what it
cannot do, gives it the power—to
pray the exercise of a power that is
not, creates
it. A beautiful theory! Let us work it both
ways. If to petition for the exercise of a power
that is
not, creates it—to petition
against the exercise of a power that
is, annihilates
it. As southern gentlemen are partial to summary
processes, pray, sirs, try the virtue of your own
recipe on “exclusive legislation in all cases
whatsoever;” a better subject for experiment
and test of the prescription could not be had.
But if the petitions of the citizens of the District
give Congress the
right to abolish slavery,
they impose the
duty; if they confer constitutional
authority, they create constitutional
obligation.
If Congress
may abolish because of an expression
of their will, it
must abolish at the bidding
of that will. If the people of the District are
a
source of power to Congress, their
expressed
will has the force of a constitutional provision, and
has the same binding power upon the National Legislature.
To make Congress dependent on the District for authority,
is to make it a
subject of its authority, restraining
the exercise of its own discretion, and sinking it
into a mere organ of the District’s will.
We proceed to another objection.
“The southern states would not have ratified
the constitution, if they had supposed that it gave
this power.” It is a sufficient answer to
this objection, that the northern states would not
have ratified it, if they had supposed that it withheld
the power. If “suppositions” are to
take the place of the constitution—coming
from both sides, they neutralize each other.
To argue a constitutional question by guessing
at the “suppositions” that might have been
made by the parties to it, would find small favor
in a court of law. But even a desperate shift
is some easement when sorely pushed. If this
question is to be settled by “suppositions”
suppositions shall be forthcoming, and that without
stint.
First, then, I affirm that the North ratified the
constitution, “supposing” that slavery
had begun to wax old, and would speedily vanish away,
and especially that the abolition of the slave trade,
which by the constitution was to be surrendered to
Congress after twenty years, would cast it headlong.
Would the North have adopted the constitution, giving
three-fifths of the “slave property” a
representation, if it had “supposed” that
the slaves would have increased from half a million
to two millions and a half by 1838—and
that the census of 1840 would give to the slave states
thirty representatives of “slave property?”