American Democrat. (Macon, Ga.) 1843-1844, March 20, 1844, Image 1
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Paul
Speech of Mr. Stiles, of Georgia.
In the House of Representatives, Jan
uary 28, and 3D, 1 844.
[continued from no. 40.]
The course proposed to be pursued by
the opponents of the rule, viz: that of;
receiving all petitions, is not sustained ;
by parliamentary practice; but as we |
are referred by the gentleman from New j
York, [Mr. B.J ; ‘for instruction to Eng
land”—(instruction in humanity and lib- j
erty, I suppose,)—let us look iieyond the
acts to the motives of Parliament. Lot
us see how the resoningof theopponents
of this rule corresponds with that ot Par-!
liarnent in the rejection of petitions.
Hatsell, p. 206, after laying down the ;
rule by which petitions were rejected,
states : “ The principles upon which
tliis rule was adopted appears to be this :
that a tax extending in its effect, over
every part of the kingdom, and more or
less affecting every individual, and in its
nature necessarily and intentionally im
posing a burden upon the people it can
answer no end or purpose whatever, for
any set of petitioners to state these cir
cumstances as a grievance to the House.”
Now, how do the opponents of this rule
reason? An institution (slavery) “ex
tending in its effect” not beyond the
slaveholding Suites, “effecting” no one
ont of those limits, and in its nature “im
posing no “burdens upon the people,’’yet
it may “ answer” an “end” and a “ pur
pose” for “a set of petitioners to state” the
institution “ asa grievance to the House.”
Again, in the next sentence, “the Houce
of Commons, before they come to a reso
lution which imposes a tax, cannot but
know that it may sensibly effect the com
merce or manufacture on which the duty
is laid ; but they cannot permit the in
convenience that maypossiblybe brought
upon a particular branch of trade, to
weigh with them when put in the bal
ance with those advantages which are
intended to result to the whole, and
which the public necessities of the State
demand from them." How, in this re
gard, do the advocatesof reception reason
here i That Congress cannot but know
that slavery, which does not “ affect
commerce or manufactures,” nor impair
uny “ particular branch of trade,” yet
will )>ermit the fanaticism which alone
opposes it “ to weigh with them when
put in the balance with those ad vantages
whirl) are,intended to result to the whole
and which the public necessities of the
State demand of them. ”
In other words, the opponents of this
rule reason that, in England, although
the petitioners are burdened with taxa
tion even to poverty and want their peti
tions must be ejected ; while in Ameri
ca, where petitioners are but burdened
with nothing but their own sickly sensi
bilities, their petitions must be rejected ,
notwithstanding they pray for the dis
stretion of a constitution from which they
derive unparalleled liberty and happiness.
And what is still more strange, the rejec
tion of the former (according to the posi
tion of the gentleman fiom Massachusetts)
is no infringement of the right of petition,
while a rejection of the latter is a total
annihilation ot this great “inherent and
inalienable right.”
The most objectsionable feature of this
“odious rule,” (as lie is pleased to term it,)
the gentleman from Massachusetts thinks
ls that which undertakes “to prescribe
the subjects upon which the people may
or may not petition.” This feature he
denounces a§ being “atwar with tire
constitution and in opposition to all par
liamentary rule.’
The rule contended for only prescribes
DEMORATIC BANNCER FREE TRADE; LOW DUTIES; NO DEBT; SEPARATION FROM BANKS; ECONOMY; RETRENCHMENT;
AND A STRICT ADHERENCE TO THE CONSTITUTION.—./. C. C.tLiiOUJW
that petitions aimed against the constitu
tion shall not be received. That such a
feature is not at war with the constitu
tion, I will soon attempt to show ; but at
present while upon parliamentary prac
tice, I would inquire whether such a fea
ture, even to the extent for which the
gentleman contends, is “ in opposition to
all parliamentary rule.” Not to proceed
farther, the very parliamentary rule to
which I have had occasion to refer pro
vides that petition against duties shall
not be received. Now, I ask the gentle
man from Massachusetts, whether that
is not an undertaking, on the part of
Parliament, “to prescribe the subject
upon which the people may or may not
petition.”
[Here the Speaker announced that the
morning hour had expired.]
JANUARY 30.
The Report of the Select Committee
on the Rules again coming up—
Mr. Stiles resumed and concluded his
remarks as follows :
When I last addressed the House, be
fore concluding, I had shown, by refer
ence to Ilatsell’s parliamentary Prece
dents that petitions against taxes were
rejected by Parliament. Now, sir, as we
are referred to England for the rule of
our conduct, upon what principle was it
that petitions against taxes were always
rejected in England ? It was that taxes
were necessary for the support of govern
ment. But 1 ask, sir, if nothing besides
taxes are neeessary for the support of
government? Are not national faith
and national honor necessary for the sup
port of government. Can any govern
ment in the world last a moment without
them. Caw dollars and cents be placed
in the scale against faith and honor.—
Are not the faith and honor of the nation
pledged upon the subject of slavery.—
Won'd the slavebolding States ever have
entered the Union—would our southern i
father ever have the constitution, unless
their rights had been secured by that in
strument shall, instead of protecting,
plunder them of their property. Yes, sir,
slavery and the constitution have flour
ished together; their existence is the
same, and inseparable; and if folly and
madness shall destroy the one, the other j
will follow it to the tomb. But to return
to the argument from which I have de
viated, to reply to the gentleman from
Massachusetts. Parliament lhaveshown
were in the constant practice of rejecting \
petitions. The intelligent framers of the
constitution were familliar with this fact;
and in guarding our country against the
evils of such legislation as the riot acts,
in protecting the great right of petition,
their omission to provide that petitions
should be received, tsevidence irresistible
and conclusive, that the reception of pe
titions was never intended to be embraced
in the amendment, or comprehended un
der the right of petition. According to
the letter of the constitution, this rule is
not a violation of that instrument, be
cause no law is passed or contemplated.
According to its spirit, it is not violated,
because (lie object of the amendment was
simply to prevent the passage of such
acts as those of George, Ist, and Charles !
the 2d; and because the practice of re
jectingpetitions was common in England
familiar to the authors of the amendment, ;
and not provided against by them. It is
not a violation of the constitution, then.
It is a violation of the right of petition.
But instead of searching the constitution,
in order to ascertain what are the rights
of petition, strange to tell, we must, as
the gentleman from New York, says,
throw- the constitution aside, and go back
to England, to the British Parliament, to
the bill of rights, which grew out of the
revolution of 1688. A citizen of America
the freest country in the world, (ns the
gentleman from North Carolinaobserved)
run away from his own country, and ilee
to England for his freedom ! I leave
the gentleman from New York to reeon
cile himself with the gentleman from
North Carolina, his associate in feeling
on the subject. 1 leave him to explain
to that member how it is that a citizen of
the freest country in the world can throw
aside the constitution of his country, can
seek a cover for his rights, a shelter for
his liberties, behind the acts of a British
Parliament.
But why should we go back for in
struction to England 1 as the gentleman
from New York said. Is there any
analogy between either the government
or the people of England and our own l
In England all power is in the govern
ment. Hero it is in the people. There ;
the Parliament, humanly speaking, isom-'
uipotent. Here, our Congress is limited
in its powers to a few specified subjects,
marked out and defined by a written
constitution. In Great Britain, the so
vereign holds his office independent of
the people; and so do the members of
the House of Lords. If arbitrary and
unjust laws are instituted by the govern
ment, the people, however unanimous
against them, have no remedy but in an
humble petition for theirubolition. Here
the members of the government are di
rectly responsible to the people,. hold
their offices subject to the popular will,
and, if unfaithful to their trusts, they are
turned out, and more faithiul servants
chosen in their places. It results, there
fore, that whilst, in monarchical govern
ments. the right to petition the rulers is
MACON, WEDNESDAY, MARCH 20, 1844.
the highest, or ultimate right of the sub
ject iu securing him from molestation at
the hands of his government, here the
right dwindles into comparative insignifi
cance ; being only a right to petition our
own servants to do that which we may
command them to do, or discharge them
for not doing. In short, in England the
people are listened to only when they
speak in the humble tone of petition. In
America they will be heard, through the
authoritive voice of instruction. •
What does this right of petition em
brace 7 What would they have ? The
right peaceably to assemble. Do we pro
pose to disturb that right? No. The
right to prepare a petition. Do we pro
pose to prevent them ? No. The right
to present that petition to this Ixidy. l)o
we oppose that right ? No, sir, the ques
tion has not been fairly met. Gentlemen
argue as though we denied the right of
petition. We make ne such denial.—
We are as warm advocates of the right
of petition as any persons on this floor.
We know the importance of that right,
and would not touch it. We are willing
that gentlemen shall exercise the right
to as full an extent, at least, as it is en
joyed in England/ (for th.a seems to be
the summit of their ambition ;) but we
come to issue with them as to limits and
extent of that right ? What are the
limits and extent of that .light ? There
must be some point at which the right of
petition ends, and that of legislating by
this body commences. Where does the
right of petition end ? Just where that
of legislation commences. Legislation
cannot go backand interfere with petition;
nor can petition extend forward and in
terfere with legislation. The right of
legislation commences the moment the
House is informed of the petition. It
they have a right to go one step farther,
and say we shall receive, they have just
as much right to say we shall refer, and
we shall grant. Theaction of the I louse
—the right of legislation—commences
with the presentation of the peiitiou , and
the refusal to accept is no interference
with that assembling ; we do not dictate
the manner in which they shall prepare
a petition ; or how they shall present it
to this body, But, when they have as
sembled ; when they hare prepared the
petition ; when they have presented it to
this House, when, in short, their right
has been fully exercised and completely
exhausted, —theriitis that our right com
mences ; and as, we have not interfered
with them, we should not permit them
to interfere with us to usurp the legisla
tive powers of the country, and dictate
to us the mode and manner in which
our duties shall be performed.
But, (says the gentleman from North
Carolina,) the petition should be received,
“ in order to know what it is the petition
ers want.” We undertake, (says the
member from Maine,) by the refusal of
the petition, “to prejudge the case and
“ condemn them unheard.”
Here is another step where gentlemen
reason unfairly. They assume, as a
starting point upon 'which to found an
argument, that we have never seen, rend,
or heard the petition. Now, sir, if this
be reasoning, gentlemen have forgotten
the very first rule in logic. They have
failed to prove their promises. It is true,
in point of fact, that we are unacquainted
with the objects of the petition ? Is
there a member here who can rise in his
place and say that lie does “ not know
what the petitioners want ?” Have they
not been presented beyond number for
years past ? Has not Congress beard,
considered, discussed, and determined,
that they cannot entertain jurisdiction of
the subject? And yet it impairs the
o-reat right of petition, it treats the ap
plicant disrespectfully, for Congress, by
this rule, to assert that they have heard
and determined that they have no juris
diction over the subject. Will gentle- j
men inform me upon what principles
such an answer—the judgment of the
House as to its jurisdiction (for that is
the whole sum and substance of the rule)
—can be construed into disrespect to
wards the petitioners?
Let gentlemen consider such conduct,
if it had occurred in private instead of
public life. An individual presents you j
with* a petition to-day, and you inform
him that you have no power to grant his
prayer ; to-morrow he renews his appli
cation, and receives the same answer,
but not satisfied with refusal after refusal,
he continues to harms* you with his ap
plications, until at length, worn out by
his importunities, yoti adopt a rule that
you will not, in future, receive his ap
j plications; will any one, the most fas
tidious sav that the adoption- of such a
rule is treating the petitioner with disre
spect ? But step übove the walks of pri
vate life, and enter the places of power ;
and is the prinoiple of action changed ?
Visit your courts of law ; you find a
plaintiff has brought an action for an a
mount, or of a nature, beyond or out of
the jurisdiction of the court. A plea is
filed ; what is the reply of the judge ?
The court has no jurisdiction of the case.
Has such an answer ever been consider
ed as disrespectful ? Go still higher;
enter the courts of chancery. A com
plainant has filed a bill which, taking
every word of it to be true, presents no
cast' for relief; a demurrer is offered by
tjicdefendnot.whiyli, admitting all that
the bill alleges, denies his right to come
into court; and the chancellor sustaining
the demurrer, dismisses the complainant
without proof or inquiry. Has such a
course ever been deemed as wanting in
respect? and is the legislative power of
the country to be stripped of a like au
thority ? This rule is in the nature of a
simple plea to the jurisdiction or demur
rer in chancery; and can no more be
coupled with disrespect than either of
those modes of judicial proceeding.
But “we prejudge the case.” “We
condemn them unheard.” - What do gen
tlemeti mean ? Am Ito understand that
the petitions have never been read ?
They have been read over and cfver again
whilst before the Question of reception is
put, the petition can always be read upon
the call of any member of the House. It
is meant, by not being heard, that these
petitions have never been discussed ?
They have been discussed in this hall to
the fullest extent for weeks, and even
months, whilst the question of reception
not only admits discussion, but admits it
in the most ample manner.
Gentlemen argtte nfc tliofigh we had
no right, for any cause, or under any cir
cumstances, to reject a petition. Is the
right limitahle? Arc there no bounds
to its exercise ? If so, we might as well
stop btrsiness. If the undefltiable griev
ances of every man, woman and child !
white, black,or parti-colored, throughout
our widely extended country, whose di
gestive organs may have become impair
ed, and who has therefore ‘Men thousand
ills that flesh is heir to,” to complain of.
if the conceits of every fanatic oV fool,
when embodied in the form of a petition,
are entitled, on that account alone, to con
sideration and respect—we might devote
our whole time of legislation to petitions
alone ; we remain here from one years
end to another ; we might sit from morn
to night, and right to morn, and our la
bors would never know an end. The
right illimitable! Is every petition,
however disrespectful to this body to be
received 1 Is there any one who, in his
zeal for the freedom of petition, goes that
far? 1 presume not. There is then,
some limit to that right. We have the
power to reject; the right to refuse is
Conceded. And is not this rejection an
abridgement of the great right of petition?
Oh no ! And why? Because it would
be an interference with the dignity of
our honorable selves, and be perhaps an
interruption of the business of tins House.
This great inherent and inalienable right
cannot stand, then, when brought into
contact with ourdignity or otW business.
These are to'be rejected: but all others
are to be received. These petitions may
be as disrespectful as their authors please
to our constituents or our States ; but so
as they do not touch our noble selves,
they are to be revived. They may
treat with contempt the constitution of
the country, and trample oh ift chartered
rights : hut so as they do not impede ottr
business here, they are to be received.—
From whence did we obtain our dignity?
Are we in a monarchial government and
was it born with us? No sir. It was
derived from the people, yet we would
reject a petition here, disrespectful to
ourselves, who are the servant : but re
ceive one insulting to, and defamatory of,
the people who are the masters. Whence
do we derive our powers of legislation ?
From the constitution : and we would
reject a petition impeding our legislation,
and yet receive one violative of the con
stitution, from whence all our powers of
legislation are derived, and upon which
the welfare of the country depends.—
The right illimitable? Then where the
necessity of that ruleof this House which :
makes it incumbent on the introducer ot
give a statement of the contents of the
petition? Where the necessity of a
statement,unless its object be to determine
whether or not Congress has jurisdiction
over the subject. If there be no discre
tion, where the necessity of that other i
rule which requires the question of recep
tion to be put. Where the necessity of a
question at all, if we are prohibited from |
voting, or answering in the negative?
The right of petition involves two con
siderations :
Ist. The right of the citizen aggrieved
to petition :
2d. The powerof the government over
the subject of the jietition.
1. Then the citizen must be aggriev- ;
ed before he can petition.
The only petitions excluded by ibis
rule are those upon the subject of slavery.
Is a majority of this House prepared to
pronounce slavery a grievance? Can
an institution recognived and secured by
the constitution be a grievance ? Arc
they prepared to pronounce the cotistitu- ,
tion(foritis the. constitution) a grievance? 1
Was it the intention of the constitution
or the people? The same constitution
which guaranties the right ot petition j
guaranties the existence of slavery.—
Cun one portion of the constitution be
used to destroy another? Could the
framers of the constitution have been
guilty of such an absurdity as to have
given the people a right to jietition against
The instrument which they had formed
for their welfare and happiness ? Can
they be chargeable with the folly of creat
ing and sanctioning a grievance, when
they have conferred tl»e right of* petition
ing against such eviis ? In ’short, can
anything iu the constitution be consider
ed such a g.ievance as the people are al
lowed to petition against? No, sir ; by
no sane and unprejudiced man can the
existence of slavery lie considered a
grievance in the contemplation of the
constitution.
But again. 11 hose grievances does
the constitution contemplate should be
the subject of the (icliticfti? Certainly
those of the petitioners—the grievances
of the pelitioneis themselves, and not
those of any other body or person. Will
any gentleman on this floor attempt to
show how slavery at the South is a grie
vance to those ot the North. How can
thzy ask us to consider as a grievance
that which those who are alone concern
ed neither know nor acknowledge?—
There aie those, doubtless, at the North,
if not in this hall, who look upon slave
ry in the abstract as an evil f but is it
therefore a grievance ? I call upon anv
constitutional lawyer on this floor, and
more especially the strict constructionist,
to say that it is such a grievance as was
contemplated by the authors of the Ist
amendment of the constitution.
2. 'Fbe power of the government over
the subject of the petition.
What is the object which petitioners
profess to have m view in the presenta
tion of petitions ? What is the end to be
attained, and upon which Congress can
alone recognise their right of application.
It is redress. And a grievance which
Congress has no right to redress, they
have no right to petition against; be
cause grievances which Congress Can
redress, are the grievances, and the only
grievances, contemplated in the amend
ment.
Now, if there is a single constitutional
principle which, more than any other,
may be considered as settled beyond the
possibility of dispute, it is that tire insti
tution of slavery is municipal, not nation
al. It belongs exclusively to the Spates,
and can only be effected by State legis
lation.
This domestic institution of the South
is her own. It was brought into the
Union with her; secured by the compact
which makes us one people; and he
who looks upon it as a grievance is an
enemy to the constitution, and opposed
to the peace and prosperity of our com
mon country.
I have thus attempted to show that
slavery is not a grievance. If it were a
grievance at all, it is not one effecting
the people of the North ; and that il it
were a grievance affecting the people of
tlie North, it is not one wliidh cun be re
dressed by the government; and there
fore no one has a constitutional right to
petition for its abolition. A petition to
any person or authority presupposes the
power of relief A right of petition can
not exist where there is no ditty to hear
the complaint; and the duty to hear can
not exist without a commensurate power
to redress. There is. then, no duty to
receive a petition upon which Congress
lias indisputably no power to act; and
the refusal to receive such petition cannot
be tortured'" into a violation of the right
to send it, which never existed'.
Many points have been made on this
question which I could have desired an
opportunity to have met, but which, tfh
dbr the operation of the hour rule, 1 ain
reluctantly constrained to omit. Were
it not for this abridgement of mv great
inherent and inalienable right “freedom
of speech” and of debate, I should have
made it my duty to have replied to every
suggestion which has been advanced:
for there is not one which I have heard,
which could not, in my opinion, have
1 tecn easily and triumphantly answered.
But although deprived of this great right,
I shall not, like some gentlemen on this
floor, flee to England for my right ; or
like others, speak of dissolving the Un
ion. I will not even waste my important
time in the indulgence of complaint, but
with all possible despatch proceed to an
swer such as I conceive the most impor
tant suggestions.
It is said on this floor, “ let thd peti
tions be received, and they will vote with
us for their rejection immediately'after
reception.” To such I say, there is one
point in which we agree; and that the
most important oi the whole matter. It
is in the refusal or denial of the - prayer of
the petitioner. Reception is all that di
vides us. But I ask, does not reception
carry with it jurisdiction over the sub
ject-matter of the petition ? Docs not re
ception carry the implication, inevitably,
that the petition may or may not be gran
ted ? Reception either carries the impli
cation, or it does not. The proposition
must be answered affirmatively or nega
tively. If it be answered affirmatively, it
the reception carries jurisdiction over the
subject of slavery, if it carries the impli
cation that tike prayer for its aliolition
j may or may not be grauted, are they wil
ling to stand forth as the advocates of re
; ception? Clearly not ; because, in the
outset, they agree that the prayer could
not lie granted, because, if Congress
! would, she has not the power to grant it.
! If then, reception carries jurisdiction,
they arc opposed to it. II on the other
hand, the proposition lie answered nega
tively, if reception does not carry juris
! diction, and the implication that the pray-
I er may or may not be granted, where is
1 the use of it ? Where the difference be-
J NO. 44;
tween reception, and instant rejection al
ter it is received ? What is to be gained
by reception? Is it any advantngp.lq
the petitioner, that his prayer is fejectcd
immediate!y after, instead of immediate
ly before , reception. llow does the sim
ple, naked vote of reception benefit him?
The prayer of a petition is its vital pajt ;
lake away the prayer, and you deprive
it of all vitality—make it a dead letter.
If, therefore, we reject the prayer, do We
not reject the petition ? The distinction
is too refined and abstract for a question
of such universal and vital importance.
It is but a dispute about terms, and whol
ly overlooks the substance. It is at first
and at last a rejection of the prayer of the
petition ; but a refusal of the petition' is
a rejection in a mode to save time and
money, put an end to such applications,
and prevent discussions dangerous to fho
Union. , m
The gentleman from New York has
admitted, that when petitions asked Con
gress to interfere between master and
slave in the States, they stood on ground
prohibited by the Constitution : but went
on to argue that petitions should Ix3 re
ceived when they asked an abolition .of
slavery in the District, because “Con
gress had full power to abolish slavery in
the District of Columbia.” “ They may
pay the master or not, but they can take
the slave compulsorily from him.” 1
have not the time, if I possessed the,.in
clination, to argue this point. It does
not necessarily arise in meeting the dis
cussion upon which gentlemen have laid
most stress in the debate—viz: an abridg
ment of the petition ; hut, as the opinion;
is asserted with so much confidence, and
in jsuch wild terms, 1 will throw out a
few difficulties in the way, which have
occurred to my mind, and which 1 think
are calculated to stagger any reflecting
man. “ Congress may pay the master or
not, but it can take compulsorily the
slave from him;” and the only author'
ty lor this sweeping and despotic decla
ration is simply that clause which gives
to Congress “ exclusive legislation” over
the District. Sir, did the cessions by
Virginia and Maryland of portions ol
their respective territory to Congress to
constitute the District, remove the inhab
itants of those portions beyond the guar
anties of the constitution ? Clearly nos.
How, then, does the gentleman propose
to get rid of that portion of the sth
amendment of the constitution, which
provides that “ no person shall he depri
ved of life, or jtrnper/i/, without due pro
cess of litre ami tli.rt private property
shall not l«3 taken' for public use without
due compensation ?” That the legisla
tion of this I lul l is not a “ process of law”
will not be disputed, and it is equally
clear that slaves are “property;” they
are recognised as property by the consti
tution, claimed as property by our irea >
ties with foreign powers, and considered
as property by onr acts of legislation.—
Again “ private property shall not beta j
I?bn (except) for public use.” It would
he somewhat difficult, 1 apprehend, to es
tablish, that the emancipation of the
slaves of this District would be for the
“public use” and benefit; and should
they be so considered, could they lie ta
ken “ compulsorily” from the master
“ wish or without paying” him, as the 1
gentleman from New York says? No,
sir, not “ without due compensation.”—
And when the member has disposed of
these difficulties, under what clause of
the constitution will tie derive funds to
be appropriated to such nil object ? We
are told that “ Congress has exclusive le
gislation over” the “ District;” but does
“ exclusive ” mean unlimited—“ abso
lute 7” as the gentleman from Massachu
setts, [Mr. Hudson] says? From what
dictionary or other source did he learn
that “ exclusive ” meant ‘ absolute V’ —
And yet it must not only signify abso
lute, but also despotic power, or the posi
tion of the gentleman from New York
falls to the ground. Hut how will any
reasonable man (not to take a constitu
tional lawyer) construe that clause? It
means, and can be made to signify no
thing more than a grant of legislative
power over the District to the exclusion,
“in all cases whatsoever,” of any concnr
renfjurisdiction If this most palpable
construction needed support, the history
of the clause would amply furnish it.—
That clause qf the Ssh section of the Ist
article was not comprised in the original
draft of the constitution, but it was after
wards supplied, when its necessity be
came apparent, from the circumstances
which occurred during the latter part of
the revolutionary war, when the procee
dings of Congress were disturbed by a
turbulent mob, which the police ot Phil
adelphia being unable to sul due, compel
led that body to remove its sittings to
Trenton, New Jersey. That power was
conferred for. the single purpose of
bling Congress to protect its members
from insult and violence, and to conduct
without interruption, the deliberations of
this country. From whence did Con
gress derive its powers of legislation over
this District? From the Constitution,
together with the “cessions of particular
States.” Could th cessions of territory
by particular States have enlarged the
powers of Congre s under the Constitu
tion 7 Sure not How then cun she
now prv ume to abo isii slavery ! Ihe
’power ot Congress over the subject ol