Among the statutes of Maryland thus solemnly reënacted in gross was the following, originally passed as early as 1715, in colonial days.
“All negroes and other slaves already imported or hereafter to be imported into this province, and all children now born or hereafter to be born of such negroes and slaves, shall be slaves during their natural lives.”[231]
Slavery cannot exist without barbarous laws in its support. Maryland, accordingly, in the spirit of Slavery, added other provisions, also reënacted by Congress in the same general bundle, of which the following is an example.
“No negro or mulatto slave, free negro or mulatto born of a white woman, during his time of servitude by law, … shall be admitted and received as good and valid evidence in law, in any matter or thing whatsoever depending before any court of record or before any magistrate within this province, wherein any Christian white person is concerned.”[232]
At a later day the following kindred provision was added, in season to be reënacted by Congress in the same code.
“No slave manumitted agreeably to the laws of this State … shall be entitled … to give evidence against any white person, or shall be recorded as competent evidence to manumit any slave petitioning for freedom.”[233]
And such is the law for Slavery at the national capital.
It will be observed that the original statute which undertakes to create Slavery in Maryland does not attaint the blood beyond two generations. It is confined to “all negroes and other slaves,” and their “children,” “during their natural lives.” These are slaves, but none others, unless a familiar rule of interpretation is reversed, and such words are extended rather than restrained. And yet it is by virtue of this colonial statute, with all its ancillary barbarism, adopted by Congress, that slaves are still held at the national capital. It is true that at the time of its adoption there were few slaves here to whom it was applicable. For ten years previous, the present area of Washington, according to received tradition, contained hardly five hundred inhabitants, all told, and these were for the most part laborers distributed in houses merely for temporary accommodation. But all these musty, antediluvian, wicked statutes, of which you have seen a specimen, took their place at once in the national legislation, and under their supposed authority slaves multiplied, and Slavery became a national institution. And it now continues only by virtue of this Slave Code borrowed from early colonial days, which, though flagrantly inconsistent with the Constitution, has never yet been repudiated by Court or Congress.
I have said that this Slave Code, even assuming it applicable to slaves beyond the “natural lives” of two generations, is flagrantly inconsistent with the Constitution. On this point the argument is so plain that it may be shown like a diagram.
Under the Constitution, Congress has “exclusive legislation in all cases whatsoever” at the national capital. The cession by Maryland was without condition, and the acceptance by Congress was also without condition; so that the territory fell at once within this exclusive jurisdiction. But Congress can exercise no power except in conformity with the Constitution. Its exclusive jurisdiction in all cases whatsoever is controlled and limited by the Constitution, out of which it is derived. Now, looking at the Constitution, we find, first, that there are no words authorizing Congress to establish or recognize Slavery, and, secondly, that there are positive words which prohibit Congress from the exercise of any such power. The argument, therefore, is twofold: first, from the absence of authority, and, secondly, from positive prohibition.