"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 senators, is conjured up and
duly installed upon the judgment-seat of final appeal, before whose nod
constitutions
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