“Well, sir, this surprises me more and more. The States not sovereign!—Why, they gave all the power it possesses to the Federal Government!”
“Very true; and it is precisely for that reason they are not sovereign—that which is given away is no longer possessed. All the great powers of sovereignty are directly bestowed on the Union, which alone possesses them.”
“I will grant you that, ’Squire; but enough is retained to hang either of us. The deuce is in it if that be not a sovereign power.”
“It does not follow from the instance cited. Send a squadron abroad, and its officers can hang; but they are not sovereign, for the simple reason that there is a recognised authority over them, which can increase, sustain, or take away altogether, any such and all other power. Thus is it with the States. By a particular clause, the Constitution can be amended, including all the interests involved, with a single exception. This is an instance in which the exception does strictly prove the rule. All interests but the one excepted can be dealt with, by a species of legislation that is higher than common. The Union can constitutionally abolish domestic slavery altogether——”
“It can!—It would be the making of any political man’s fortune to be able to show that!”
“Nothing is easier than to show it, in the way of theory, Timms; though nothing would be harder to achieve, in the way of practice. The Constitution can be legally amended so as to effect this end, provided majorities in three-fourths of the States can be obtained; though every living soul in the remaining States were opposed to it. That this is the just construction of the great fundamental law, as it has been solemnly adopted, no discreet man can doubt; though, on the other hand, no discreet person would think of attempting such a measure, as the vote necessary to success cannot be obtained. To talk of the sovereignty of a community over this particular interest, for instance, when all the authority on the subject can be taken from it in direct opposition to the wishes of every man, woman and child it contains, is an absurdity. The sovereignty, as respects slavery, is in the Union, and not in the several States; and therein you can see the fallacy of contending that Congress has nothing to do with the interest, when Congress can take the initiative in altering this or any other clause of the great national compact.”
“But, the Deestrict—the Deestrict, ’Squire Dunscomb—what can and ought to be done there?”
“I believe in my soul, Timms, you have an aim on a seat in Congress! Why stop short of the Presidency? Men as little likely as yourself to be elevated to that high office have been placed in the executive chair; and why not you as well as another?”
“It is an office ‘neither to be sought nor declined,’ said an eminent statesman,” answered Timms, with a seriousness that amused his companion; who saw, by his manner, that his old pupil held himself in reserve for the accidents of political life. “But, sir, I am very anxious to get right on the subject of the Deestrict”—Timms pronounced this word as we have spelt it—“and I know that if any man can set me right, it is yourself.”
“As respects the District, Mr. Timms, here is my faith. It is a territory provided for in the Constitution for a national purpose, and must be regarded as strictly national property, held exclusively for objects that call all classes of citizens within its borders. Now, two great principles, in my view, should control all legislation for this little community. As I have said already, it would be tyranny to make the notions and policy of New York or Vermont bear on the legislation of the District; but, every member is bound to act strictly as a representative of the people of the spot for whom the law is intended. If I were in Congress, I would at any time, on a respectable application, vote to refer the question of abolition to the people of the District; if they said ay, I would say ay; if no, no. Beyond this I would never go; nor do I think the man who wishes to push matters beyond this, sufficiently respects the general principles of representative government, or knows how to respect the spirit of the national compact. On the supposition that the District ask relief from the institution of slavery, great care should be observed in granting the necessary legislation. Although the man in South Carolina has no more right to insist that the District should maintain the ‘peculiar institution,’ because his particular State maintains it, than the Vermontese to insist on carrying his Green Mountain notions into the District laws; yet has the Carolinian rights in this territory that must ever he respected, let the general policy adopted be what it may. Every American has an implied right to visit the District on terms of equality. Now, there would be no equality if a law were passed excluding the domestics from any portion of the country. In the slave States, slaves exclusively perform the functions of domestics; and sweeping abolition might very easily introduce regulations that would be unjust towards the slave-holders. As respects the northern man, the existence of slavery in or out of the District is purely a speculative question; but it is not so with the southern. This should never be forgotten; and I always feel disgust when I hear a northern man swagger and make a parade of his morality on this subject.”