United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
During the first debate upon the subject, the opponents of the
restriction do not seem to have been so clear in their own minds in
reference to the principles involved as they became later, and their
arguments do not appear so convincing. Nevertheless, they touched the
point which was the real gist of the contention, and dealt with it
ably from the first. Mr. Scott, the delegate from Missouri Territory,
and Mr. P. P. Barbour, of Virginia, made a vigorous attack upon the
claim of a power in Congress to enact the restriction, as a condition
of admitting Missouri, "as a State," into the Union. They demonstrated
quite clearly that the interpretation which the restrictionists placed
upon the constitutional provision empowering Congress "to admit new
States into the Union" would enable Congress to establish inequalities
_ad libitum_ between the original Commonwealths and the new ones;
would, in principle, enable Congress to make mere provinces of the new
Commonwealths. They showed conclusively that the real question of the
controversy was not whether slavery should exist in Missouri or not,
but was whether the Commonwealth of Missouri should be allowed to
determine that matter for herself or should have it determined for her
by the {71} Congress of the United States. They pointed to the facts
that the original Commonwealths exercised, before the formation of the
existing Constitution of the United States, exclusive power over this
matter, each for itself; that the Constitution had not withdrawn this
power from them, nor prohibited it to them; and that the Constitution
declared all powers not delegated to the United States Government, nor
prohibited to the "States," to be reserved to the "States"
respectively or to the people. They, therefore, claimed that the
determination of the question whether slavery should exist in any
Commonwealth or not was a power reserved by the Constitution to each
Commonwealth for itself, and that the attempt to introduce a
distinction between the old Commonwealths and the new, in regard to
the possession of this power, was an attack upon the first principle
of federal liberty, the principle of equality in powers and duties
between the members of the Union, an attack which could be justified
legally only by an express warrant from the Constitution itself.
They disputed outright the constitutionality of the restrictions in
regard to slavery which Congress had imposed upon the Commonwealths of
Ohio, Indiana, and Illinois, and held that these Commonwealths might,
at any time, so amend their organic law as to introduce slavery; and
they justified the restrictions imposed upon Louisiana as having
express warrant from the Constitution.
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