United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The Constitution furnished, however, an indirect way of reaching the
desired result. It gave the Congress general powers within the
Territories and did not restrict these powers in behalf of slavery.
Congress might thus prohibit slavery in the Territories, and the
Territories would thus become settled by a free population, an
anti-slavery population, which would form Commonwealths at the proper
time, in which the free status would be perpetuated by Commonwealth
law. And when a sufficient number of free Commonwealths had been thus
created to give the necessary majorities to amend the Constitution in
the direction of abolition, slavery might be extinguished in the
Commonwealths which had already legalized it. But the first difficulty
in the way of the effectiveness of this line of action was the fact
that Congress had already forfeited, in part, the opportunity, by
failing to keep the southern portion of Louisiana Territory under a
Territorial organization until slavery could have been eradicated in
it. And it was probably, in {64} 1819, already too late to attempt to
keep the remaining parts of this vast region, so far as it had been
settled at all, under Territorial organization until this result could
have been effected. At least, the advocates of freedom in 1819
evidently thought so, for they searched the Constitution to find some
other power in the general Government by which to deal with the
question.
[Sidenote: The powers of Congress in the admission of new "States"
into the Union.]
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