it lie helpless at the pool of public sentiment, waiting
the gracious troubling of its waters? Is it a
lifeless corpse, save only when popular “consent”
deigns to puff breath into its nostrils? Besides,
if the consent of the people of the District be necessary,
the consent of the whole people must be had—not
that of a majority, however large. Majorities,
to be authoritative, must be legal—and
a legal majority without legislative power, or right
of representation, or even the electoral franchise,
would be truly an anomaly! In the District of
Columbia, such a thing as a majority in a legal sense
is unknown to law. To talk of the power of a
majority, or the will of a majority there, is mere
mouthing. A majority? Then it has an authoritative
will, and an organ to make it known, and an executive
to carry it into effect—Where are they?
We repeat it—if the consent of the people
of the District be necessary, the consent of every
one is necessary—and universal
consent will come only with the Greek Kalends and
a “perpetual motion.” A single individual
might thus perpetuate slavery in defiance of the expressed
will of a whole people. The most common form
of this fallacy is given by Mr. Wise, of Virginia,
in his speech, February 16, 1835, in which he denied
the power of Congress to abolish slavery in the District,
unless the inhabitants owning slaves petitioned for
it!! Southern members of Congress at the present
session (1837-8) ring changes almost daily upon the
same fallacy. What! pray Congress to use
a power which it has not? “It is
required of a man according to what he hath,”
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?
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.