United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
There was another provision which had been already several times
applied to this very subject and to other subjects. It was the
provision which conferred upon Congress the power to create, or
co-operate in creating, new Commonwealths out of the Territories of
the United States. This power is expressed in general terms, and in
its employment Congress had imposed a number of limitations upon the
powers of the new Commonwealths which the Constitution did not impose
upon those of the original Commonwealths. Here, then, was a possible
way for those seeking the advancement of liberty to effect their
purpose. If their interpretation of the Constitution, in regard to the
extent of this power, was correct, and they could only command the
President and a simple majority in both branches of Congress, they
could abolish slavery in every new Commonwealth at the time of its
creation, and make the continuance of the free status the perpetual
condition of its continued existence as a Commonwealth. It would then
be only a question of time when sufficient majorities would be secured
for so amending the Constitution of the United States as to expel
slavery from the old Commonwealths through the regular forms for
constitutional development. It was an attractive scheme, and appeared
to provide the means for ridding the country peaceably of its great
evil at no very far distant day. It was the last possible means which
the Constitution afforded. It was {65} tried in the creation of the
Commonwealth of Missouri and it failed. It is this which constitutes
the significance of the great movement. The result attained made the
abolition of slavery by the United States Government, through legal
and peaceable means, an utter impossibility. It contributed, at least,
toward making the War of 1861 an historical necessity.
As we have seen in the preceding chapter, slaveholding had become
established by custom in the vast region known as the Louisiana
province, wherever it was inhabited, during the periods when it
belonged to Spain and France, and had been permitted to continue after
its acquisition by the United States; and that in 1812 this province
was divided into one slave-holding Commonwealth, Louisiana, and one
slave-holding Territory, Missouri.
[Sidenote: Slavery in the Missouri Territory.]
From 1812 to 1818 Congress did nothing toward the extinction of
slavery in the Missouri Territory, or preventing the free immigration
of masters with their slaves into the Territory. Neither had the
legislature of the Territory done anything touching these subjects. It
may, therefore, be assumed that in the year 1818, the holding of
negroes as slaves was legal by custom, if not by positive law, in the
whole of the Missouri Territory, so far as it had been settled, and
that unless something should thereafter be done, either by the United
States Government or by the Territorial government, forbidding it,
slavery would be likewise legal wherever the Territory might become
settled.
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