or good policy, to grant
unlimited, unbounded authority?”
Mr. Madison said in reply: “I did conceive
that the clause under consideration was one of those
parts which would speak its own praise. When
any power is given, its delegation necessarily involves
authority to make laws to execute it. * * * * The powers
which are found necessary to be given, are therefore
delegated
generally, and particular and minute
specification is left to the legislature. * * * It
is not within the limits of human capacity to delineate
on paper all those particular cases and circumstances,
in which legislation by the general legislature would
be necessary.” Governor Randolph said:
“Holland has no ten miles square, but she has
the Hague where the deputies of the States assemble.
But the influence which it has given the province
of Holland, to have the seat of government within its
territory, subject in some respects to its control,
has been injurious to the other provinces. The
wisdom of the Convention is therefore manifest in
granting to Congress exclusive jurisdiction over the
place of their session.” [
Deb. Va.
Con., p. 320.] In the forty-third number of the
“Federalist,” Mr. Madison says: “The
indispensable necessity of
complete authority
at the seat of government, carries its own evidence
with it.”
Finally, that the grant in question is to be interpreted
according to the obvious import of its terms,
is proved by the fact, that Virginia proposed an amendment
to the United States’ Constitution at the time
of its adoption, providing that this clause “should
be so construed as to give power only over the police
and good government of said District,” which
amendment was rejected.
The former part of the clause under consideration,
“Congress shall have power to exercise exclusive
legislation,” gives sole jurisdiction,
and the latter part, “in all cases whatsoever,”
defines the extent of it. Since, then,
Congress is the sole legislature within the
District, and since its power is limited only by the
checks common to all legislatures, it follows that
what the law-making power is intrinsically competent
to do any where, Congress is competent to do
in the District of Columbia. Having disposed
of preliminaries, we proceed to state and argue the
real question at issue.
IS THE LAW-MAKING POWER COMPETENT TO ABOLISH SLAVERY
WHEN NOT RESTRICTED IN THAT PARTICULAR BY CONSTITUTIONAL
PROVISIONS—or, IS THE ABOLITION OF SLAVERY
WITHIN THE APPROPRIATE SPHERE OF LEGISLATION?