The ways of the hour

by James Fenimore Cooper

“Beyond a question. Congress can abolish domestic servitude or slavery in the District of Columbia, whenever it shall see fit. The right is as clear as the sun at noon-day.”

“If these are your opinions, ’Squire, I’ll go for Free Sile and Abolition in the Deestrict. They have a popular cry, and take wonderfully well in Duke’s, and will build me up considerable. I like to be right; but, most of all, I like to be strong.”

“If you adopt such a course, you will espouse trouble without any dower, and that will be worse than McBrain’s three wives; and, what is more, in the instance of the District, you will be guilty of an act of oppression. You will remember that the possession of a legal power to do a particular thing, does not infer a moral right to exercise it. As respects your Free Soil, it may be well to put down a foot; and, so far as votes legally used can be thrown, to prevent the further extension of slavery. In this respect you are right enough, and will be sustained by an overwhelming majority of the nation; but, when it comes to the District, the question has several sides to it.”

“You said yourself, ’Squire, that Congress has all power to legislate for the Deestrict?”

“No doubt it has—but the possession of a power does not necessarily imply its use. We have power, as a nation, to make war on little Portugal, and crush her; but it would be very wicked to do so. When a member of Congress votes on any question that strictly applies to the District, he should reason precisely as if his constituents all lived in the District itself.[itself.] You will understand, Timms, that liberty is closely connected with practice, and is not a mere creature of phrases and professions. What more intolerable tyranny could exist than to have a man elected by New Yorkers legislating for the District on strictly New York policy; or, if you will, on New York prejudices? If the people of the District wish to get rid of the institution of domestic slavery, there are ways for ascertaining the fact; and once assured of that, Congress ought to give the required relief. But in framing such a law, great care should be taken not to violate the comity of the Union. The comity of nations is, in practice, a portion of their laws, and is respected as such; how much more, then, ought we to respect this comity in managing the relations between the several States of this Union!”

“Yes, the sovereign States of the Union,” laying emphasis on the word we have italicized.

“Pshaw—they are no more sovereign than you and I are sovereign.”

“Not sovereign, sir!” exclaimed Timms, actually jumping to his feet in astonishment; “why this is against the National Faith—contrary to all the theories.”

“Something so, I must confess; yet very good common sense. If there be any sovereignty left in the States, it is the very minimum, and a thing of show, rather than of substance. If you will look at the Constitution, you will find that the equal representation of the States in the Senate is the only right of sovereign character that is left to the members of the Union separate and apart from their confederated communities.”

Timms rubbed his brows, and seemed to be in some mental trouble. The doctrine of the “Sovereign States” is so very common, so familiar in men’s mouths, that no one dreams of disputing it. Nevertheless, Dunscomb had a great reputation in his set, as a constitutional lawyer; and the “expounders” were very apt to steal his demonstrations, without giving him credit for them. As before the nation, a school-boy would have carried equal weight; but the direct, vigorous, common-sense arguments that he brought to the discussions, as well as the originality of his views, ever commanded the profound respect of the intelligent. Timms had cut out for himself a path by which he intended to ascend in the scale of society; and had industriously, if not very profoundly, considered all the agitating questions of the day, in the relations they might be supposed to bear to his especial interests. He had almost determined to come out an abolitionist; for he saw that the prejudices of the hour were daily inclining the electors of the northern States, more and more, to oppose the further extension of domestic slavery, so far as surface was concerned, which was in effect preparing the way for the final destruction of the institution altogether. For Mr. Dunscomb, however, this wily limb of the law, and skilful manager of men, had the most profound respect; and he was very glad to draw him out still further on a subject that was getting to be of such intense interest to himself, as well as to the nation at large; for, out of all doubt, it is the question, not only of the “Hour,” but for years to come.