United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Mr. McLane, of Delaware, a Commonwealth whose legislature had
instructed the representatives from the Commonwealth in Congress to
support all measures for preventing the spread of slavery in the
Territories of the Union west of the Mississippi, presented the
question with even greater clearness and conciseness. He simply
analyzed the words of the Constitution which make up the clause
conferring power on Congress "to admit new States into this Union." He
said that the power to admit was not the power to create; that the
very use of the word presupposed that the power to create the "State"
resided elsewhere than in Congress; that Congress must admit a
_"State,"_ not a Territory or a province or anything but a _"State;"_
that a "State," in the system of federal government of the United
States, was an organization whose powers and duties had been
determined by the Constitution of the United States itself, and could
not be altered by Congressional definitions and limitations; that
Congress must admit the "State" into _this Union_, not into some other
union; and that _this Union_ was a system of federal government, in
which the relations between the general Government {82} and the
"States" had been fixed by the Constitution of the United States, and
could not be altered by a mere Congressional act. This was strong
reasoning, and it had a powerful effect upon the minds of all who
heard it and of all who read it.
[Sidenote: The independent Missouri bill of the Senate.]
Meanwhile events were occurring in the Senate which were to exercise a
controlling influence over the fate of the bill in the House. On
December 29th, 1819, a memorial from the Territorial legislature of
Missouri, praying for the admission of that part of the Territory
already described in the memorial to the House, had been presented in
the Senate, and referred to the Judiciary committee. On January 3rd,
1820, the House bill admitting Maine was sent into the Senate. Mr.
James Barbour, of Virginia, immediately gave notice of his intention
to move the connection of the two subjects in the same bill, and on
the same terms. As we have seen, Mr. Clay had already made this
suggestion in the House, but had not formally proposed it.
[Sidenote: The connection of the House bill admitting Maine with the
Senate's bill admitting Missouri.]
The House bill admitting Maine was immediately referred to the
Judiciary committee, which committee already had the Missouri bill in
its charge, and on January 6th, Mr. Smith, of South Carolina, the
chairman of this committee, reported from it to the Senate the House
bill admitting Maine, with an amendment authorizing the people of
Missouri, within the general geographical boundaries already
described, to form a constitution and Commonwealth government. The
amendment contained no restrictions or conditions with regard to
slavery.
Public-domain text, read in full here on John Shaqi.
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