s, to set up a direct bar, precluding all exercise of
the discretion of Congress over the subject. It has been often said, in
this debate, and I believe it is true, that a decided majority of the
Senate do believe that Congress has a clear constitutional power over
slavery in this District. But while this constitutional right is
admitted, it is at the same moment attempted effectually to counteract,
overthrow, and do away with it, by the affirmation of plighted faith, as
asserted in the resolution before us.
Now, I have already said I know of nothing to support this affirmation.
Neither in the acts of cession, nor in the act of Congress accepting it,
nor in any other document, history, publication, or transaction, do I
know of a single fact or suggestion supporting this proposition, or
tending to support it. Nor has any gentleman, so far as I know, pointed
out, or attempted to point out, any such fact, document, transaction, or
other evidence. All is left to the general and repeated statement, that
such a condition must have been intended by the States. Of all this I
see no proof whatever. I see no evidence of any desire on the part of
the States thus to limit the power of Congress, or thus to require a
pledge against its exercise. And, indeed, if this were made out, the
intention of Congress, as well as that of the States, must be inquired
into. Nothing short of a clear and manifest intention of both parties,
proved by proper evidence, can amount to plighted faith. The expectation
or intent of one party, founded on something not provided for nor hinted
at in the transaction itself, cannot plight the faith of the other
party.
In short, I am altogether unable to see any ground for supposing that
either party to the cession had any mental reservation, any unexpressed
expectation, or relied on any implied, but unmentioned and unsuggested
pledge, whatever. By the Constitution, if a district should be ceded to
it for the seat of government, Congress was to have a right, in express
terms, to exercise exclusive legislation, in all cases whatsoever. The
cession was made and accepted in pursuance of this power. Both parties
knew well what they were doing. Both parties knew that by the cession
the States surrendered all jurisdiction, and Congress acquired all
jurisdiction; and this is the whole transaction.
As to any provision in the acts of cession stipulating for the security
of property, there is none, excepting only what
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