United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Whereupon Mr. Taylor moved that the people of Missouri should be
required to ordain and establish in their constitution the prohibition
of slavery and involuntary servitude, except as a punishment for
crime, in the proposed Commonwealth. Conceding, as the result of the
discussions, and {79} the action of the Congress during the preceding
session, that Congress had no constitutional authority to impose
restrictions upon new Commonwealths, as the condition of their
admission into the Union, which the Constitution did not impose upon
the original Commonwealths, the new question involved in Mr. Taylor's
motion, from the point of view of constitutional law, now was, whether
Congress could require of a new Commonwealth, as the condition of its
admission to the Union, that it should impose any limitations upon
itself which the Constitution of the United States did not impose upon
the original Commonwealths. Could Congress effect indirectly what it
could not do directly?
[Sidenote: Mr. Taylor's argument in support of his amendment.]
Mr. Taylor's argument rested substantially upon the proposition,
upheld by the restrictionists during the preceding session, that if
Congress could admit, it could refuse to admit, and if it could admit
or refuse to admit, it could admit upon conditions. He, however,
advanced other propositions and suggestions. He held that the
admission of a new Commonwealth into the Union was a procedure in the
nature of a contract between the United States Government and the
people of the new Commonwealth, and, therefore, admitted of any terms
accepted by both parties. He further held that the provision of the
Constitution, which impliedly vested in Congress the power to
prohibit, after 1808, the importation or migration of slaves, covered
the case, in that the word migration meant passage from one
Commonwealth into another, in distinction from importation, which
meant the bringing of slaves into the United States from foreign
countries. And he suggested that territory acquired by the United
States subsequent to the formation of the Constitution need not be
treated with the same consideration, as to the rights of its
inhabitants, as that which {80} belonged to the United States at the
time of the formation of the Constitution.
[Sidenote: Replies to Mr. Taylor's reasoning.]
Of course the members from the South resisted Mr. Taylor's
conclusions. But they were not alone in their position. Some of the
strongest opponents of slavery from the North stood up with them in
resisting what they considered to be an attack upon the principle of
federal government. Mr. Holmes, of Massachusetts, was again chief
among them, and it is to his argument that one must look for the most
scientific and unprejudiced view of the subject.
[Sidenote: Mr. Holmes' argument against the amendment.]
Public-domain text, read in full here on John Shaqi.
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