United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The debate upon this motion is not fully reported in the annals of
Congress, but it is sufficiently reported to give a correct idea of
the constitutional questions involved. The discussion proceeded from
the two points of view of constitutional powers and public policy. Of
course the first point for the restrictionists, as those who favored
the amendment were termed, to establish was the constitutionality of
the power of Congress to impose this restriction in erecting a
Territory into a Commonwealth. If Congress has, or had, no such power,
the question of policy need not have been considered. They claimed the
power, and based it upon that paragraph of Article IV. section three,
which reads: "New States may be admitted by the Congress into this
Union." It will be readily seen that this is a very loose statement
concerning the powers of Congress in establishing this most
fundamental relation. Taken apart from all connections, its most
natural meaning is that foreign states may become politically joined
with the United States by an Act of Congress, in so far as this
country is concerned. On the other hand, taken with the context, it
appears to mean that Congress may establish Commonwealth governments,
or, in the language {68} of the Constitution, "States," upon the
territory belonging to the United States, or to some "State" or
"States" already within the Union. This is, without any reasonable
doubt, its only meaning. For if it had any reference to the connection
of foreign states with the United States, it would confer the most
important diplomatic power of the United States Government upon the
Congress, while the Constitution certainly confers the whole of this
class of powers upon the President and the Senate.
[Sidenote: The exact question at issue in the first debate on the
Missouri question.]
This was not, however, the point at issue in the Missouri question.
That point was, whether, in the creation of new Commonwealths by
Congress upon territory already within the Union, and subject to the
exclusive jurisdiction of the general Government, Congress had the
constitutional power to impose restrictions upon the new Commonwealths
thus created, which the Constitution did not impose upon the original
Commonwealths. The restrictionists, led by Mr. Tallmadge and Mr.
Taylor, of New York, and Mr. Fuller, of Massachusetts, contended that
Congress possessed this power. Their argument, reduced to a pair of
propositions, was, that the Constitution did not _require_ Congress to
"admit new States into this Union," but only _empowered_ Congress to
do so at its discretion; that therefore Congress could _refuse_ to
admit at its discretion, and that if Congress could admit or refuse to
admit at its own discretion, it could admit upon conditions, upon such
conditions as it might deem wise to impose, and could make the
continued existence of the new Commonwealth, as a Commonwealth, depend
upon the continued observance by it of these conditions.
Public-domain text, read in full here on John Shaqi.
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