Virginia
standard of vigor!
Again, if the good faith of Congress to Virginia and Maryland requires
that slavery should exist in the District, while it exists in those
states, it requires that it should exist there as it exists in those
states. If to abolish _every_ form of slavery in the District would
violate good faith, to abolish _the_ form existing in those states, and
to substitute a different one, would also violate it. The Congressional
"good faith" is to be kept not only with _slavery_, but with the
_Maryland and Virginia systems_ of slavery. The faith of those states
being not that Congress would maintain a system, but _their_ system;
otherwise instead of _sustaining_, Congress would counteract their
policy--principles would be brought into action there conflicting with
their system, and thus the true sprit of the "implied" pledge would be
violated. On this principle, so long as slaves are "chattels personal"
in Virginia and Maryland, Congress could not make them _real estate_ in
the District, as they are in Louisiana; nor could it permit slaves to
read, nor to worship God according to conscience; nor could it grant
them trial by jury, nor legalize marriage; nor require the master to
give sufficient food and clothing; nor prohibit the violent sundering of
families--because such provisions would conflict with the existing
slave laws of Virginia and Maryland, and thus violate the "good faith
implied," &c. So the principle of the resolution binds Congress in all
these particulars: 1st. Not to abolish slavery in the District _until_
Virginia and Maryland abolish. 2d. Not to abolish any _part_ of it that
exists in those states. 3d. Not to abolish any _form_ or _appendage_ of
it still existing in those states. 4th. To _abolish_ when they do. 5th.
To increase or abate its rigors _when, how,_ and _as_ the same are
modified by those states. In a word, Congressional action in the
District is to float passively in the wake of legislative action on the
subject in those states.
But here comes a dilemma. Suppose the legislation of those states should
steer different courses--then there would be _two_ wakes! Can Congress
float in both? Yea, verily! Nothing is too hard for it! Its
obsequiousness equals its "power of legislation in _all_ cases
whatsoever." It can float _up_ on the Virginia tide, and ebb down on the
Maryland. What Maryland does, Congress will do in the Maryland part.
What Virginia does, Congress will do in
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