The native American., 1839-02-16
SPEECH OF Mr.. CLAY.

lumba, whilst it remains iii Virginia anu Mary
land situated, as that District Is, within TIE very
heart Of those States would expose them TO great
practical inconvenience and annoyance. nc
District would become place OF refuge aEd es-
cane for fugitive slaves from the TIVE States, ana
place from which spirit OF discomfort, ,ihsubor-
dination ana Instruction might be ioslerea a'id
encouraged in the two States. Suppose, as was
ri one time under consideration, Pennsylvania
had granted ten miles square within It's limits for
the purrose of a seat of the General Government:
could Congress- without violation of good faith,
have introduced and established slavery within
the bosom Of that Commonwealth, in The coded
territory, after she had abolished il so long ago
the wear 1880! Yet the Inconvenience TO Penn
syvania in the case supposed would have been
much less than that 10 Virginia and Maryland in
the case are arguing.
|, was upon this view Of the subject that the
Senate at its last session, solcmnv declared that
il would re violation Of implied faith, resulting
from the transaction Of the cession, 10 abolish
slavery within the District of Columbia. And
would il not he BY implied faith is meant that
when grant is made for one avowed and declared
purpose, known to the parties, the grant should
not be perverted to another purpose, unavowed
and undeclared, and injurious to the granor.-
The grant, in tie case we considering, of tie
r,,ent. Whatever power is necessary to accom-
plish tina, object is carried along by the grant
But the abolition Of slavery is not necessary 10
the enjoyment Of this site rs scat cl the Gene
ral Government. The grant in the Constitution,
of exclusive power Of legislation over the Dis
trct, was made to ensure the exercise Of an ex-
elusive authority of the General Government 10
render this place 4 safe and secure scat Of Gov
eminent, and to promote the well-heing of the
inhabitants of the District. The power granted
ought 10 be interpreted and exercised solely TO the
end for which it was granted The language of
the grant was necessarily broad, comprehensive
and exclusive, because all the exigencies which
might arise to render this secure seat OF the &C.
neral Government could not have been loreseen
and provided for. The language may possibly
be sufficiently comprehensive to include power
of abolition, but it would not at all thence fellow
that the power could be rightfulIy exercised. The
case may be resembled 10 that of penipoten-
tiary invested with plenary power, but who, at
the same time, has positive Instructions from his
Government as to the kind Of treaty which he is
to negotiate and conclude. If he violates those
instructions, and concludes different treaty, his
Governments is rot bound by it, And if the TO-
reign Government is aware Of the violation, it
acts in bad faith. Or 1t may be Illustrated by an
example drawn from private life. am All en-
dorser for my friend on a note discounted in bank
He appli,s to ne to endorse another to renew it,
which do in blank. Now this gives him power
to make any othe- use OF my note which he
pleases. But if, instead OF applying it to the in
tended purpose, he goes 10 broker and sells il,
thereby doubling my responsibility for him, he
commits breach &C t-cst ard violation Of Ike
good faith implied in tho whole transaction.
But, Mr. President, il this reasnn;ng were rs
erroneous as believe it to be correct and conc.l-
sive, is the afar of the liberation Of six .honsand
negro slaves in this District, disconnected with
the three millions Of slaves in me United States,
of sufficient magnitude agitac, distract and en-
bitter this great Confaderacy?
The next case IN which the petitioners ask tie
exercise oi the power oi Congress, relates to
slavery in the Territory Of Florida
Florida is the extreme southern portion of the
United States. 1t is bounded on all lis land sJ;:s
by slave States, and is scvera! hundred miles from
the neares, free State. Il a!inos, extends within
the tropics and the nearest important island 10 !.
on the water side is Cuba, slave island This sim
pie statement of its geographical position should Of
itself decide the question. When, by the treaty o.
1919 with Spain, it was ceded to tho United States
slavery existed within it.. BY the terms Of tina
treaty, the effects and property Of the inhabitants
are secured to them, and they are allowed 10 re-
move and take them away, If they think proper
to do SO, without Limitation as to time. If it were
expedient, therefore, to abolish slavery in il, i,
could not be done consistently with the treaty,
without granting to the ancient inhabitants rca-
sonabe time to remove their slaves. But further
BY the compromise which took place on the pas
sage of the act for the admission Of Missouri into
the Union. in the year 1920, it was agreed and
understood that the line Of SO deg. 80 min. OF
north latitude should mark the boundary between
the free States and the slave States to be created
i. the territories of the United States coiad by
the treaty Of Louisiana; those situated south Of
it being slave States, and those north of it free
States. But Florida is south Of that line, and,
consequently, according 10 The spirit Of the I'M
derstanding which prevailed at the period alluded
to, should be slave. State. II may be true that
the compromise does not in terms embrace Flo
rlda and that it is not absolutely binding aud OBJ
ligatory; but all candid and impartial men must
agree that it ought not to be disregarded without
the most weighty considerations and that nothing
could be'more to be deprecated than 10 open anew
the bleeding wounds which were happily bound
up and healed by that compromise. Florida is
the onty remaining Territory TO be admitted into
the Union with the institution of domestic slavery.