Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
It was the theory of the Missouri Compromise Measure of 1820 and it was
the theory of the compromise measures of 1850, that the Constitution
neither authorized slavery anywhere nor prohibited it anywhere. The
Kansas-Nebraska Act of 1854 recognized, as an admitted fact, the
doctrine that the Constitution extended to the Territories, and it
asserted as a conclusion of law and as a public policy, the doctrine
that the Constitution "should have the same force and effect within the
Territory of Kansas as elsewhere within the United States." Thus it
was maintained by the friends of the compromise measures that the
Constitution neither authorized slavery in the Territories nor
prohibited it. This view of the Constitution was accepted by the
opponents of slavery.
The Constitution did not authorize slavery in the States nor did it
prohibit slavery in the States. Until the Dred Scott Decision, the
controversy proceeded upon the idea that States and Territories were
alike under the Constitution, and that by the Constitution slavery was
neither authorized nor prohibited in any State, nor in any Territory of
the Union.
Inasmuch as at that time slavery was not prohibited under the
Constitution, there was a general agreement in the proposition that
Congress might authorize slavery in the Territories and that Congress
might prohibit slavery in the Territories. One party contended for its
authorization, the other party demanded its prohibition. On this issue
the contest was made up. From first to last the contest proceeded upon
the theory, on all sides admitted to be a true theory, that the
Constitution of the United States, by its own force, applied to all the
Territories of the United States. In that opinion I concurred.
When Mr. Douglas concluded to become a Presidential candidate, he
broached a theory of constitutional interpretation for which he may
have found some support in the Dred Scott Decision.
His theory was this: The Constitution so applies to the Territories
that they must take places as States in the American Union, and the
Constitution also requires Congress to accept the Territories as States,
and with such institutions as the Territories, when on their way to
Statehood, might choose to establish.
Hence it was, that in the article in reply to Mr. Douglas, I made this
statement: "But now under the new political dispensation, these
thirty million can have no opinion concerning the admission of States
which may have established Catholicism, Mohammadanism, Polygamy or
even Slavery."
I interrupt the course of my remarks to say that already in the
Philippines we are tolerating and supporting slavery and polygamy,
and preparing the way for the organization of Catholic and Mohammedan
States, and their admission into the American Union.
It was in 1859, and in the article now under debate, that I used this
language as a fair exposition of Mr. Douglas' plans:
Public-domain text, read in full here on John Shaqi.
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