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.]
The profound legal opinion, from which this is an extract, was
elaborated at great length many years since, by a number of the most
distinguished lawyers in the United States, whose signatures are
appended to it. It is specific and to the point. It asserts, 1st, that
Congressional legislation over the District, is "the legislation of the
_States_ and the _people_," (not of _two_ states, and a mere _fraction_
of the people;) 2d. "Over a District placed under _their_ control," i.e.
under the control of the _whole_ of the States, not under the control of
_two twenty-sixths_ of them. 3d. That it was thus put under their
Control "_for THEIR OWN benefit_," the benefit of all the States
_equally_; not to secure special benefits to Maryland and Virginia, (or
what it might be _conjectured_ they would regard as benefits.) 4th. It
concludes by asserting that the design of this exclusive control of
Congress over the District was "not for the benefit of the _District_,"
except as that is _connected_ with, and _a means of promoting_ the
_general_ advantage. If this is the case with the _District_, which is
_directly_ concerned, it is pre-eminently so with Maryland and Virginia,
who are but _indirectly_ interested, and would be but remotely affected
by it. The argument of Mr. Madison in the Congress of '89, an extract
from which has been given on a preceding page, lays down the same
principle; that though any matter "_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_." Cong. Reg.
vol. 1. p. 310, 11.
But these are only the initiatory absurdities of this "good faith
_implied_." The thirty-six senators aptly illustrate the principle, that
error not only conflicts with truth, but is generally at issue with
itself. For if it would be a violation of "good faith" to Maryland and
Virginia, for Congress to abolish slavery in the District, it would be
_equally_ a violation for Congress to do it _with the consent_, or even
at the earnest and unanimous petition of the people of the District: yet
for years it has been the southern doctrine, that if the people of the
District demand of Congress relief in this respect, it has power, as
their local legislature, to grant it, and by abolishing slavery there,
carry out the will of the citizens. But now new light has broken in! The
optics of the thirty-six have pierced the millstone with a deeper
insight, and discoveries thicken faster than they can be telegraphed!
Congress has no power, O no, not a modicum, to help the slaveholders of
the District, however loudly they may clamor for it. The southern
doctrine, that Congress is to the District a mere local Legislature to
do its pleasure, is tumbled from the genitive into the vocative! Hard
fate--and that too at the hands of those who begat it! The reasonings of
Messrs. Pinckney, Wise, and Leigh, are now found to be wholly at fault,
and the chanticleer rhetoric of Messrs. Glascock and Garland stalks
featherless and crest-fallen. For, Mr. Clay's resolution sweeps by the
board all those stereotyped common-places, as "Congress a local
Legislature," "consent of the District," "bound to consult the wishes of
the District," &c. &c., which for the last two sessions of Congress have
served to eke out scanty supplies. It declares, that _as slavery existed
in Maryland and Virginia at the time of the cession, and as it still
continues in both those states, it could not be abolished in the
District without a violation of 'that good faith_,' &c.
But let us see where this principle of the _thirty-six_ will lead us. If
"implied faith" to Maryland and Virginia _restrains_ Congress from the
abolition of slavery in the District, it _requires_ Congress to do in
the District what those states have done within their bounds, i.e.,
restrain _others_ from abolishing it. Upon the same principle Congress
is _bound_, by the doctrine of Mr. Clay's resolution, to _prohibit
emancipation_ within the District. There is no _stopping place_ for this
plighted "faith." Congress must not only refrain from laying violent
hands on slavery, _itself_, and see to it that the slaveholders
themselves do not, but it is bound to keep the system up to the Maryland
and 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 totally 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 not being in the preservation of _a_ system, but of _their_
system; otherwise Congress, instead of _sustaining_, would counteract
their policy--principles would be brought into action there conflicting
with their system, and thus the true spirit 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_, inseparable from the soil, as 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 at the same time. What Maryland does, Congress will do in the
Maryland part. What Virginia does, Congress will do in the Virginia
part. Though Congress might not always be able to run at the bidding of
both _at once_, especially in different directions, yet if it obeyed
orders cheerfully, and "kept in its place," according to its "good faith
implied," impossibilities might not be rigidly exacted. True, we have
the highest sanction for the maxim that no _man_ can serve two
masters--but if "corporations have _no_ souls," analogy would absolve
Congress on that score, or at most give it only _a very small soul_--not
large enough to be at all in the way, as an _exception_ to the universal
rule laid down in the maxim!
In following out the absurdities of this "_implied_ good faith," it will
be seen at once that the doctrine of Mr. Clay's Resolution extends to
_all the subjects_ of _legislation_ existing in Maryland and Virginia,
which exist also within the District. Every system, "institution," law,
and established usage there, is placed beyond Congressional control
equally with slavery, and by the same "implied faith." The abolition of
the lottery system in the District as an _immorality_, was a flagrant
breach of this "good faith" to Maryland and Virginia, as the system
"still continued in those states." So to abolish imprisonment for debt,
and capital punishment, to remodel the bank system, the power of
corporations, the militia law, laws of limitation, &c., in the District,
_unless Virginia and Maryland took the lead_, would violate the "good
faith implied in the cession," &c.
That in the acts of cession no such "good faith" was "implied by
Virginia and Maryland" as is claimed in the Resolution, we argue from
the fact, that in 1784 Virginia ceded to the United States all her
northwest territory, with the special proviso that her citizens
inhabiting that territory should "have their _possessions_ and _titles_
confirmed to them, and be _protected_ in the enjoyment of their _rights_
and liberties." (See Journals of Congress, vol. 9, p. 63.) The cession
was made in the form of a deed, and signed by Thomas Jefferson, Samuel
Hardy, Arthur Lee, and James Monroe. Many of these inhabitants _held
slaves_. Three years after the cession, the Virginia delegation in
Congress _proposed_ the passage of an ordinance which should abolish
slavery, in that territory, and declare that it should never thereafter
exist there. All the members of Congress from Virginia and Maryland
voted for this ordinance. Suppose some member of Congress had during the
passage of the ordinance introduced the following resolution: "Resolved,
That when the northwest territory was ceded by Virginia to the United
States, domestic slavery existed in that State, including the ceded
territory, and as it still continues in that State, it could not be
abolished within the territory without a violation of that good faith,
which was implied in the cession and in the acceptance of the
territory." What would have been the indignant response of Grayson,
Griffin, Madison, and the Lees, in the Congress of '87, to such a
resolution, and of Carrington, Chairman of the Committee, who reported
the ratification of the ordinance in the Congress of '89, and of Page
and Parker, who with every other member of the Virginia delegation
supported it!
But to enumerate all the absurdities into which the thirty-six Senators
have plunged themselves, would be to make a quarto inventory. We decline
the task; and in conclusion, merely add that Mr. Clay, in presenting
this resolution, and each of the thirty-six Senators who voted for it,
entered on the records of the Senate, and proclaimed to the world, a
most unworthy accusation against the MILLIONS of American citizens who
have during nearly half a century petitioned the national legislature to
abolish slavery in the District of Columbia,--charging them either with
the ignorance or the impiety of praying the nation to violate its
"PLIGHTED FAITH." The resolution virtually indicts at the bar of public
opinion, and brands with odium, all the Manumission Societies, the
_first_ petitioners for the abolition of slavery in the District, and
for a long time the only ones, petitioning from year to year through
evil report and good report, still petitioning, by individual societies
and in their national conventions.
But as if it were not enough to table the charge against such men as
Benjamin Rush, William Rawle, John Sergeant, Robert Vaux, Cadwallader
Colden, and Peter A. Jay,--to whom we may add Rufus King, James
Hillhouse, William Pinkney, Thomas Addis Emmett, Daniel D. Tompkins, De
Witt Clinton, James Kent, and Daniel Webster, besides eleven hundred
citizens of the District itself, headed by their Chief Justice and
judges--even the sovereign States of Pennsylvania, New-York,
Massachusetts, and Vermont, whose legislatures have either memorialized
Congress to abolish slavery in the District, or instructed their
Senators to move such a measure, must be gravely informed by Messrs.
Clay, Norvell, Niles, Smith, Pierce, Benton, Black, Tipton, and other
honorable Senators, either that their perception is so dull, they know
not what of they affirm, or that their moral sense is so blunted they
can demand without compunction a violation of the nation's faith!
We have spoken already of the concessions unwittingly made in this
resolution to the true doctrine of Congressional power over the
District. For that concession, important as it is, we have small thanks
to render. That such a resolution, passed with such an _intent_, and
pressing at a thousand points on relations and interests vital to the
free states, should be hailed, as it has been, by a portion of the
northern press as a "compromise" originating in deference to northern
interests, and to be received by us as a free-will offering of
disinterested benevolence, demanding our gratitude to the mover,--may
well cover us with shame. We deserve the humiliation and have well
earned the mockery. Let it come!
If, after having been set up at auction in the public sales-room of the
nation, and for thirty years, and by each of a score of "compromises,"
treacherously knocked off to the lowest bidder, and that without money
and without price, the North, plundered and betrayed, _will not_, in
this her accepted time, consider the things that belong to her peace
before they are hidden from her eyes, then let her eat of the fruit of
her own way, and be filled with her own devices! Let the shorn and
blinded giant grind in the prison-house of the Philistines, till taught
the folly of intrusting to Delilahs the secret and the custody of his
strength.
Have the free States bound themselves by an oath never to profit by the
lessons of experience? If lost to _reason_, are they dead to _instinct_
also? Can nothing rouse them to cast about for self preservation? And
shall a life of tame surrenders be terminated by suicidal sacrifice?
A "COMPROMISE!" Bitter irony! Is the plucked and hood-winked North to be
wheedled by the sorcery of another Missouri compromise? A compromise in
which the South gained all, and the North lost all, and lost it for
ever. A compromise which embargoed the free laborer of the North and
West, and clutched at the staff he leaned upon, to turn it into a
bludgeon and fell him with its stroke. A compromise which wrested from
liberty her boundless birthright domain, stretching westward to the
sunset, while it gave to slavery loose reins and a free course, from the
Mississippi to the Pacific.
The resolution, as it finally passed, is here inserted. The original
Resolution, as moved by Mr. Clay, was inserted at the head of this
postscript with the impression that it was the _amended_ form. It will
be seen however, that it underwent no material modification.
"Resolved, That the interference by the citizens of any of the states,
with the view to the abolition of slavery in the District, is
endangering the rights and security of the people of the District; and
that any act or measure of Congress designed to abolish slavery in the
District, would be a violation of the faith implied in the cessions by
the states of Virginia and Maryland, a just cause of alarm to the people
of the slaveholding states, and have a direct and inevitable tendency to
disturb and endanger the Union."
The vote upon the Resolution stood as follows:
_Yeas_.--Messrs. Allen, Bayard, Benton, Black, Buchanan, Brown, Calhoun,
Clay, of Alabama, Clay, of Kentucky, Clayton, Crittenden, Cuthbert,
Fulton, Grundy, Hubbard, King, Lumpkin, Lyon, Nicholas, Niles, Norvell,
Pierce, Preston, Rives, Roane, Robinson, Sevier, Smith, of Connecticut,
Strange, Tallmadge, Tipton, Walker, White, Williams, Wright, Young.
_Nays_.--Messrs. DAVIS, KNIGHT, McKEAN, MORRIS, PRENTISS, RUGGLES,
SMITH, of Indiana, SWIFT, WEBSTER.