To show that Congress can abolish slavery in the District, under the

grant of power "to provide for the common defence and to promote the

general welfare," I quote an extract from a speech of Mr. Madison, of

Va., in the first Congress under the constitution, May 13, 1789.

Speaking of the abolition of the slave trade, Mr. Madison says: "I

should venture to say it is as much for the interests of Georgia and

South Carolina, as of any state in the union. Every addition they

receive to their number of slaves tends to _weaken_ them, and renders

them less capable of self-defence. In case of hostilities with foreign

nations, they will be the means of _inviting_ attack instead of

repelling invasion. It is a necessary duty of the general government to

protect every part of the empire against danger, as well _internal_ as

external. _Every thing, therefore, which tends to increase this danger,

though it may be a local affair, yet if it involves national expense or

safety, it becomes of concern to every part of the union, and is a

proper subject for the consideration of those charged with the general

administration of the government._" See Cong. Reg. vol. 1, p. 310-11.

WYTHE.

POSTSCRIPT

My apology for adding a _postscript_, to a discussion already perhaps

too protracted, is the fact that the preceding sheets were in the hands

of the printer, and all but the concluding pages had gone through the

press, before the passage of Mr. Calhoun's late resolutions in the

Senate of the United States. A proceeding so extraordinary,--if indeed

the time has not passed when _any_ acts of Congress in derogation of

freedom and in deference to slavery, can be deemed

extraordinary,--should not be suffered to pass in silence at such a

crisis as the present; especially as the passage of one of the

resolutions by a vote of 36 to 8, exhibits a shift of position on the

part of the South, as sudden as it is unaccountable, being nothing less

than the surrender of a fortress which until then they had defended with

the pertinacity of a blind and almost infuriated fatuity. Upon the

discussions during the pendency of the resolutions, and upon the vote,

by which they were carried, I make no comment, save only to record my

exultation in the fact there exhibited, that great emergencies are _true

touchstones_, and that henceforward, until this question is settled,

whoever holds a seat in Congress will find upon, and all around him, a

pressure strong enough to TEST him--a focal blaze that will find its way

through the carefully adjusted cloak of fair pretension, and the

sevenfold brass of two-faced political intrigue, and _no_-faced

_non-committalism_, piercing to the dividing asunder of joints and

marrow. Be it known to every northern man who aspires to a seat in

Congress, that hereafter it is the destiny of congressional action on

this subject, to be a MIGHTY REVELATOR--making secret thoughts public

property, and proclaiming on the house-tops what is whispered in the

ear--smiting off masks, and bursting open sepulchres beautiful

outwardly, and heaving up to the sun their dead men's bones. To such we

say,--_Remember the Missouri Question, and the fate of those who then

sold the North, and their own birthright!_

Passing by the resolutions generally without remark--the attention of

the reader is specially solicited to Mr. Clay's substitute for Mr.

Calhoun's fifth resolution.

"Resolved, That when the District of Columbia was ceded by the states of

Virginia and Maryland to the United States, domestic slavery existed in

both of these states, including the ceded territory, and that, as it

still continues in both of them, it could not be abolished within the

District without a violation of that good faith, which was implied in

the cession and in the acceptance of the territory; nor, unless

compensation were made to the proprietors of slaves, without a manifest

infringement of an amendment to the constitution of the United States;

nor without exciting a degree of just alarm and apprehension in the

states recognising slavery, far transcending in mischievous tendency,

any possible benefit which could be accomplished by the abolition."

By voting for this resolution, the south by a simultaneous movement,

shifted its mode of defence, not so much by taking a position entirely

new, as by attempting to refortify an old one--never much trusted in,

and abandoned mainly long ago, as being unable to hold out against

assault however unskilfully directed. In the debate on this resolution,

though the southern members of Congress did not _professedly_ retreat

from the ground hitherto maintained by them--that Congress has no power

by the constitution to abolish slavery in the District--yet in the main

they silently drew off from it.

The passage of this resolution--with the vote of every southern senator,

forms a new era in the discussion of this question.

We cannot join in the lamentations of those who bewail it. We hail it,

and rejoice in it. It was as we would have had it--offered by a southern

senator, advocated by southern senators, and on the ground that it "was

no compromise"--that it embodied the true southern principle--that "this

resolution stood on as high ground as Mr. Calhoun's."--(Mr.

Preston)--"that Mr. Clay's resolution was as strong as Mr.

Calhoun's"--(Mr. Rives)--that "the resolution he (Mr. Calhoun) now

refused to support, was as strong as his own, and that in supporting it,

there was no abandonment of principle by the south."--(Mr. Walker, of

Mi.)--further, that it was advocated by the southern senators generally

as an expression of their views, and as setting the question of slavery

in the District on its _true_ ground--that finally when the question was

taken, every slaveholding senator, including Mr. Calhoun himself, voted

for the resolution.

By passing this resolution, and with such avowals, the south has

surrendered irrevocably the whole question at issue between them and the

petitioners for abolition in the District. It has, unwittingly but

explicitly, conceded the main question argued in the preceding pages.

The _only_ ground taken against the right of Congress to abolish slavery

in the District is, that slavery existed in Maryland and Virginia when

the cession was made, and "_as it still continues in both of them_, it

could not be abolished without a violation of that good faith which was

implied in the cession," &c. The _sole argument_ is _not_ that exclusive

_sovereignty_ has no power to abolish slavery within its jurisdiction,

_nor_ that the powers of even _ordinary legislation_ cannot do it,--nor

that the clause granting Congress "exclusive legislation in all cases

whatsoever over such District," gives no power to do it; but that the

_unexpressed expectation_ of one of the parties that the other would not

"in _all_ cases" use the power which said party had consented _might be

used "in all cases," prohibits_ the use of it. The only cardinal point

in the discussion, is here not only _yielded_, but formally laid down by

the South as the leading article in their creed on the question of

Congressional jurisdiction over slavery in the District. The _sole

reason_ given why Congress should not abolish, and the sole evidence

that if it did, such abolition would be a violation of "good faith," is

that "_slavery still continues in those states_,"--thus explicitly

admitting, that if slavery did _not_ "still continue" in those States,

Congress _could_ abolish it in the District. The same admission is made

also in the _premises_, which state that slavery existed in those states

_at the time of the cession_, &c. Admitting that if it had _not_ existed

there then, but had grown up in the District under _United States'

laws_, Congress might constitutionally abolish it. Or that if the ceded

parts of those states had been the _only_ parts in which slaves were

held under their laws, Congress 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 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 let us 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 act

in the premises according to their wishes, and that too, without their

_making known_ their wishes? 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 even a _senatorial hypothesis_ as to

_what must have been the understanding_ of Maryland and Virginia about

congressional exercise of constitutional power, _abrogates no grant_,

and that to plead it 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 the legislatures of

Maryland and Virginia constructed their acts of cession with this clause

_before their eyes_, and that both of them declared those acts made "in

_pursuance_" of said clause. Those states were aware that the United

States in their 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 induce them to eschew

vague implications and resort to _stipulations_. Full well did they know

also that these 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 the mother country, about bills of rights,

charters, treaties, constitutions, grants, limitations, and _acts of

cession_. The severities of a long and terrible discipline had taught

them to guard at all points _legislative grants_, that their exact

import and limit might be self-evident--leaving no scope for a blind

"faith," that _somehow_ in the lottery of chances there would be no

blanks, but making all sure by the use of explicit terms, and wisely

chosen words, and _just enough_ of them. The Constitution of the United

States with its amendments, those of the individual states, the national

treaties, the public documents of the general and state governments at

that period, show the universal conviction of legislative bodies, that

when great public interests were at stake, nothing should be left to be

"implied."

Further: suppose Maryland and Virginia had expressed their "implied

faith" in _words_, and embodied it in their acts of cession as a

proviso, declaring that Congress should not "exercise exclusive

legislation in _all_ cases whatsoever over the District," but that the

"case" of _slavery_ should be an exception: who does not know that

Congress, if it had accepted the cession on those terms, would have

violated the Constitution; and who that has ever studied the free mood

of those times in its bearings on slavery--proofs of which are given in

scores on the preceding pages--can for an instant believe that the

people of the United States would have altered their Constitution for

the purpose of providing for slavery an inviolable sanctuary; that when

driven in from its outposts, and everywhere retreating discomfited

before the march of freedom, it might be received into everlasting

habitations on the common homestead and hearth-stone of this free

republic? Besides, who can believe that Virginia made such a condition,

or cherished such a purpose, when at that very moment, Washington,

Jefferson, Wythe, Patrick Henry St. George Tucker, and almost all her

illustrious men, were advocating the abolition of slavery by law. When

Washington had said, two years before, Maryland and Virginia "must have

laws for the gradual abolition of slavery and at a period _not remote_;"

and when Jefferson in his letter to Price, three years before the

cession, had said, speaking of Virginia, "This is the next state to

which we may turn our eyes for the interesting spectacle of justice in

conflict with avarice and oppression--a conflict in which THE SACRED

SIDE IS GAINING DAILY RECRUITS;" when voluntary emancipations on the

soil were then progressing at the rate of between one and two thousand

annually, (See Judge Tucker's "Dissertation on Slavery," p. 73;) when

the public sentiment of Virginia had undergone, and was undergoing so

mighty a revolution that the idea of the continuance of slavery as a

permanent system could not be _tolerated_, though she then contained

about half the slaves in the Union. Was this the time to stipulate for

the _perpetuity_ of slavery under the exclusive legislation of Congress?

and that too at the _same_ session of Congress when _every one_ of her

delegation voted for the abolition of slavery in the North West

Territory; a territory which she had herself ceded to Congress, and

along with it had surrendered her jurisdiction over many of her

citizens, inhabitants of that territory, who held slaves there--and

whose slaves were emancipated by that act of Congress, in which all her

delegation with one accord participated?

Now in view of the universal belief then prevalent, that slavery in this

country was doomed to short life, and especially that in Maryland and

Virginia it would be _speedily_ abolished--are we to be told that these

states _designed_ to bind Congress _never_ to terminate it? Are we to

adopt the monstrous conclusion that this was the _intent_ of the Ancient

Dominion--thus to _bind_ the United States by an "implied faith," and

that when the United States _accepted_ the cession, she did solemnly

thus plight her troth, and that Virginia did then so _understand_ it?

Verily one would think that honorable senators supposed themselves

deputed to do our _thinking_ as well as our legislation, or rather, that

they themselves were absolved from such drudgery by virtue of their

office!

Another absurdity of this dogma about "implied faith" is, that where

there was no power to exact an _express_ pledge, there was none to

demand an _implied_ one, and where there was no power to _give_ the one,

there was none to give the _other_. We have shown already that Congress

could not have accepted the cession with such a condition. To have

signed away a part of its constitutional grant of power would have been

a _breach_ of the Constitution. Further, the Congress which accepted the

cession was competent to pass a resolution pledging itself not to _use

all_ the power over the District committed to it by the Constitution.

But here its power ended. Its resolution would only bind _itself_. Could

it bind the _next_ Congress by its authority? Could the members of one

Congress say to the members of another, because we do not choose to

exercise all the authority vested in us by the Constitution, therefore

you _shall_ not? This would have been a prohibition to do what the

Constitution gives power to do. Each successive Congress would still

have gone to the Constitution for its power, brushing away in its course

the cobwebs stretched across its path by the officiousness of an

impertinent predecessor. Again, the legislatures of Virginia and

Maryland, had no power to bind Congress, either by an express or an

implied pledge, never to abolish slavery in the District. Those

legislatures had no power to bind _themselves_ never to abolish slavery

within their own territories--the ceded parts included. Where then would

they get power to bind _another_ not to do what they had no power to

bind themselves not to do? If a legislature could not in this respect

control the successive legislatures of its own State, could it control

the successive Congresses of the United States?

But perhaps we shall be told, that the "implied faith" in the acts of

cession of Maryland and Virginia was _not_ that Congress should _never_

abolish slavery in the District, but that it should not do it until

_they_ had done it within their bounds! Verily this "faith" comes little

short of the faith of miracles! "A good rule that works both ways."

First, Maryland and Virginia have "good faith" that Congress will _not_

abolish until _they_ do; and then just as "good faith" that Congress

_will_ abolish _when_ they do! Excellently accommodated! Did those

States suppose that Congress would legislate over the national domain,

the common jurisdiction of _all_, for Maryland and Virginia alone? And

who, did they suppose, would be judges in the matter?--themselves

merely? or the whole Union?

This "good faith implied in the cession" is no longer of doubtful

interpretation. The principle at the bottom of it, when fairly stated,

is this:--That the Government of the United States are bound in "good

faith" to do in the District of Columbia, without demurring, just what

and when, Maryland and Virginia do in their own States. In short, that

the general government is eased of all the burdens of legislation within

its exclusive jurisdiction, save that of hiring a scrivener to copy off

the acts of the Maryland and Virginia legislatures as fast as they are

passed, and engross them, under the title of "Laws of the United States,

for the District of Columbia!" A slight additional expense would also be

incurred in keeping up an express between the capitols of those States

and Washington city, bringing Congress from time to time its

"_instructions_" from head quarters--instructions not to be disregarded

without a violation of that, "good faith implied in the cession," &c.

This sets in strong light the advantages of "our glorious Union," if the

doctrine of Mr. Clay and the thirty-six Senators be orthodox. The people

of the United States have been permitted to set up at their own expense,

and on their own territory, two great _sounding boards_ called "Senate

Chamber" and "Representatives' Hall," for the purpose of sending abroad

"by authority" _national echoes_ of _state_ legislation!--permitted also

to keep in their pay a corps of pliant _national_ musicians, with

peremptory instructions to sound on any line of the staff according as

Virginia and Maryland may give the _sovereign_ key note!

Though this may have the seeming of mere raillery, yet an analysis of

the resolution and of the discussions upon it, will convince every fair

mind that it is but the legitimate carrying out of the _principle_

pervading both. They proceed virtually upon the hypothesis that the will

and pleasure of Virginia and Maryland are _paramount_ to those of the

_Union_. If the main design of setting apart a federal district had been

originally the accommodation of Maryland, Virginia, and the south, with

the United States as an _agent_ to consummate the object, there could

hardly have been higher assumption or louder vaunting. The sole object

of _having_ such a District was in effect totally perverted in the

resolution of Mr. Clay, and in the discussions of the entire southern

delegation, upon its passage. Instead of taking the ground, that the

benefit of the whole Union was the sole _object_ of a federal district,

that it was designed to guard and promote the interests of _all_ the

states, and that it was to be legislated over _for this end_--the

resolution proceeds upon an hypothesis _totally the reverse_. It takes a

single point of _state_ policy, and exalts it above NATIONAL interests,

utterly overshadowing them; abrogating national _rights_; making void a

clause of the Constitution; humbling the general government into a

subject--crouching for favors to a superior, and that too _on its own

exclusive jurisdiction_. All the attributes of sovereignty vested in

Congress by the Constitution it impales upon the point of an alleged

_implication_. And this is Mr. Clay's peace-offering, to appease the

lust of power and the ravenings of state encroachment! A "_compromise_,"

forsooth! that sinks the general government on _its own territory_ into

a mere colony, with Virginia and Maryland for its "mother country!" It

is refreshing to turn from these shallow, distorted constructions and

servile cringings, to the high bearing of other southern men in other

times; men, who in their character of legislators and lawyers, disdained

to accommodate their interpretations of constitutions and charters to

geographical lines, or to bend them to the purposes of a political

canvass. In the celebrated case of Cohens vs. the State of Virginia,

Hon. William Pinkney, late of Baltimore, and Hon. Walter Jones, of

Washington city, with other eminent constitutional lawyers, prepared an

elaborate written opinion, from which the following is an extract: "Nor

is there any danger to be apprehended from allowing to Congressional

legislation with regard to the District of Columbia, its FULLEST EFFECT.

Congress is responsible to the States, and to the people for that

legislation. It is in truth the legislation of the states over a

district placed under their control for _their own benefit_, not for

that of the District, except as the prosperity of the District is

involved, and necessary to the _general advantage_."--[Life of Pinkney,

p. 612.]

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