United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
After demonstrating most convincingly that the clauses of the
Constitution which vested in Congress the power to prohibit the
migration of persons into the United States after 1808 and to regulate
commerce between the Commonwealths could not be interpreted as giving
Congress the power to prevent the transportation of slaves from one
Commonwealth into another, Mr. Holmes attacked the fundamental
proposition upon which Mr. Taylor relied, the proposition that if
Congress could admit, it could refuse to admit, and if it could admit
or refuse to admit at pleasure, it could admit upon conditions. Mr.
Holmes contended that the power to determine whether slavery should
exist or not in any community was possessed by each Colony before the
Revolution, and by each "State" after the Revolution, and that the
Constitution of 1787 had not deprived the "States" of it, but had
recognized it as belonging to each of them exclusively; that new
"States" admitted by Congress into the Union must have all the rights,
and be subject to all the duties, which the original "States"
possessed, on the one side, and were obligated to discharge, on the
other; that Congress could not increase the powers of the general {81}
Government within the new Commonwealths by selling the Territories a
license to the Commonwealth status, and taking the pay for it in
powers to be exercised by the general Government in the new
Commonwealths, which that Government could not, by the Constitution,
exercise within the original Commonwealths; and that if Congress
assumed to exercise such power, and the people of the Territory
seeking the Commonwealth status should even accept the imposed
condition, the new Commonwealth had the right and the power to free
itself from the condition, and the Congress was powerless to prevent
it.
[Sidenote: Mr. McLane's argument against the amendment.]
Public-domain text, read in full here on John Shaqi.
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