gress 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, _guess_ that Maryland and Virginia supposed that
Congress would by no means _use_ the power given them by the
constitution, except in such ways as would be well pleasing in the eyes
of those states; especially as one of them was the "Ancient Dominion!"
And now after the lapse of half a century, this _assumed expectation_ of
Maryland and Virginia, the existence of which is mere matter of
conjecture with the 36 s
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