ans _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 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 are to flee away, and with whom, solemn grants of
power and explicit guaranties are, when weighed in the balance,
altogether lighter than vanity!
But survey it in another light. Why did Maryland and Virginia leave so
much to be "_implied?_?" Why did they not in some way _express_ what lay
so near their hearts? Had their vocabulary run so low that a single word
could not be eked out for the occasion? Or were those states so bashful
of a sudden that they dare not speak out and tell what they wanted? Or
did they take it for granted that Congress would always know their
wishes by intuition, and always take them for law? If, as honorable
senators tell us, Maryland and Virginia did verily travail with such
abounding _faith_, why brought they forth no _works_?
It is as true in legislation as in religion, that the only evidence of
"faith" is works, and that "faith" _without_ works is _dead_, i.e. has
no _power_. But here, forsooth, a blind implication with nothing
_expressed_, an "implied" faith without works, is omnipotent! Mr. Clay
is lawyer enough to know that Maryland and Virginia notions of
constitutional power, _abrogate no grant_, and that to plead them in a
court of law, would be of small service, except to jostle "their
Honors'" gravity! He need not be told that the Constitution gives
Congress "power to exercise exclusive legislation in all cases
whatsoever over such District;" nor that Maryland and Virginia
constructed their acts of cession with this clause _before their eyes_,
and declared those acts made "in _pursuance_" of it. Those states knew
that the U.S. Constitution had left nothing to be "_implied_" as to the
power of Congress over the District; an admonition quite sufficient, one
would think, to put them on their guard, and lead them to eschew vague
implications, and to resort to _stipulations_. They knew, moreover, that
those were times when, in matters of high import, _nothing_ was left to
be "implied." The colonies were then panting from a twenty years'
conflict with
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