II. THE POWER OF CONGRESS TO ABOLISH SLAVERY IN THE DISTRICT HAS BEEN, TILL RECENTLY, UNIVERSALLY CONCEDED.
1. It has been assumed by Congress itself. The following record stands on the journals of the House of Representatives for 1804, p. 225: “On motion made and seconded that the House do come to the following resolution: ’Resolved, That from and after the 4th day of July, 1805, all blacks and people of color that shall be born within the District of Columbia, or whose mothers shall be the property of any person residing within the said District, shall be free, the males at the age of ——, and the females at the age of ——. The main question being taken that the House do agree to said motions as originally proposed, it was negatived by a majority of 46.’” Though the motion was lost, it was on the ground of its alleged inexpediency alone. In the debate which preceded the vote, the power of Congress was conceded. In March, 1816, the House of Representatives passed the following resolution: “Resolved, That a committee be appointed to inquire into the existence of an inhuman and illegal traffic in slaves, carried on in and through the District of Columbia, and to report whether any and what measures are necessary for putting a stop to the same.”
On the 9th of January, 1829, the House of Representatives passed the following resolution by a vote of 114 to 66: “Resolved, That the Committee on the District of Columbia, be instructed to inquire into the expediency of providing by law for the gradual abolition of slavery within the District, in such a manner that the interests of no individual shall be injured thereby.” Among those who voted in the affirmative were Messrs. Barney of Md., Armstrong of Va., A.H. Shepperd of N.C., Blair of Tenn., Chilton and Lyon of Ky., Johns of Del., and others from slave states.
2. IT HAS BEEN CONCEDED BY COMMITTEES OF CONGRESS, ON THE DISTRICT OF COLUMBIA.—In a report of the committee on the District, Jan. 11, 1837, by their chairman, Mr. Powell of Va., there is the following declaration: “The Congress of the United States, has by the constitution exclusive jurisdiction over the District, and has power upon this subject (slavery,) as upon all other subjects of legislation, to exercise unlimited discretion.” Reports of Comms. 2d Sess. 19th Cong. v. iv. No. 43. In December, 1831, the committee on the District, Mr. Doddridge of Va., Chairman, reported, “That until the adjoining states act on the subject, (slavery) it would be (not unconstitutional but) unwise and impolitic, if not unjust, for Congress to interfere.” In April, 1836, a special committee on abolition memorials reported the following resolutions by their Chairman, Mr. Pinckney of South Carolina: “Resolved, That Congress possesses no constitutional authority to interfere in any way with the institution of slavery in any of the states of this confederacy.”