United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
[Sidenote: The precedents cited in support of the Tallmadge
amendment.]
They pointed to the precedents of Ohio, Indiana, and Illinois, upon
all of which Congress had imposed, as a {69} condition of their
assumption of Commonwealth powers and government as "States of the
Union," the requirement that their constitutions should not be
repugnant to the "Ordinance of the Northwest Territory of 1787," the
sixth article of which provided that there should be neither slavery
nor involuntary servitude, except as a criminal penalty, in the
Territory, from which these Commonwealths were carved out. They
contended that Congress thus prohibited slavery in these new
Commonwealths as the condition of its assent to their assumption of
the status of Commonwealths of the Union and of their continued
existence with that status.
They further pointed to the precedent of Louisiana, upon whose
"admission into the Union as a State," Congress imposed the conditions
that the new Commonwealth should use the English language as its
official language, should guarantee the writ of _habeas corpus_ and
trial by jury in all criminal cases, and should incorporate in its
organic law the fundamental principles of civil and religious liberty.
[Sidenote: Argument for the amendment from the duty of the United
States to guarantee a republican form of government to every
Commonwealth.]
They went so far as to assert that the Constitution not only permitted
Congress to lay the prohibition of slavery upon every new Commonwealth
which it might "admit into the Union," but obligated Congress to do so
by the constitutional provision which makes it the duty of the United
States Government to guarantee a republican form of government to
every Commonwealth of the Union. That is, they claimed that slavery
was incompatible with the republican form of government, and that
Congress was therefore bound by the Constitution to prohibit slavery
whenever called upon to act in regard to it.
[Sidenote: Argument from morals and policy.]
Having thus, from their point of view, vindicated the {70}
constitutional power and duty of Congress to enact the restriction,
they claimed the personal liberty of every human being to be a
self-evident principle of ethics, specifically recognized in the
Declaration of Independence, and therefore a principle of the
political system of the United States. And, finally, they demonstrated
the ruinous policy of the system of slave labor in the economy of the
country.
There is no question that Mr. Tallmadge and his friends had taken
strong ground, and that it would require extraordinary efforts to
dislodge them.
[Sidenote: Replies to the arguments of the restrictionists.]
Public-domain text, read in full here on John Shaqi.
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