article in their creed on the question of Congressional
jurisdiction over slavery in the District. The
sole reason given why Congress should not abolish,
and the sole evidence that if it did, such abolition
would be a violation of “good faith,” is
that “
slavery still continues in those states,”—thus
explicitly admitting, that if slavery did
not
“still continue” in those States, Congress
could abolish it in the District. The same
admission is made also in the
premises, which
state that slavery existed in those states
at the
time of the cession, &c. Admitting that if
it had
not existed there then, but had grown
up in the District under
United States’ laws,
Congress might constitutionally abolish it. Or
that if the ceded parts of those states had been the
only parts in which slaves were held under
their laws, Congress might have abolished in such a
contingency also. The cession in that case leaving
no slaves in those states,—no “good
faith,” would be “implied” in it,
nor any “violated,” by an act of abolition.
The principle of the resolution makes this further
admission, that if Maryland and Virginia should at
once abolish their slavery, Congress might at once
abolish it in the District. The principle goes
even further than this, and
requires Congress
in such case to abolish slavery in the District “by
the
good faith implied in the cession and acceptance
of the territory.” Since according to the
spirit and scope of the resolution, this “implied
good faith” of Maryland and Virginia in making
the cession, was that Congress would do nothing within
the District which should go to counteract the policy,
or bring into disrepute the “institutions,”
or call in question the usages, or even in any way
ruffle the prejudices of those states, or do what
they might think would unfavorably bear upon
their interests;
themselves of course being
the judges.
But let us dissect another limb of the resolution.
What is to be understood by “that good faith
which was IMPLIED?” It is of course an admission
that such a condition was not expressed in the
acts of cession—that in their terms
there is nothing restricting the power of Congress
on the subject of slavery in the District—not
a word alluding to it, nor one inserted with
such an intent. This “implied faith,”
then, rests on no clause or word in the United States’
Constitution, or in the acts of cession, or in the
acts of Congress accepting the cession, nor does it
rest on any declarations of the legislatures of Maryland
and Virginia made at the time, or in that generation,
nor on any act of theirs, nor on any declaration
of the people of those states, nor on the testimony
of the Washingtons, Jeffersons, Madisons, Chaces,
Martins, and Jennifers, of those states and times.
The assertion rests on itself alone! Mr. Clay
and the other senators who voted for the resolution,