United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
On the 3rd, Mr. Thomas, of Illinois, offered an amendment, which was
destined to play a very important part in the further development of
the subject. It was the proposition to exclude slavery from the
Louisiana territory above thirty-six degrees and thirty minutes,
except within the limits of the proposed Commonwealth of Missouri. The
Senate was not yet prepared, however, to consider this, the question
before it, at the moment, being the question of procedure, the
question whether the two subjects should be united in one bill. The
Senate had only voted not to recommit the bill to the Judiciary
committee with instructions, and it was thought necessary to take a
formal vote upon the question of the connection of the two subjects as
proposed by the committee before considering any further amendments to
it. Mr. Thomas, therefore, withdrew his motion for the moment.
[Sidenote: Mr. Pinkney's great argument against the power of Congress
to lay restrictions on new Commonwealths not imposed by the
Constitution on the original Commonwealths.]
It was at this stage of the proceedings, when apparently there was
nothing before the Senate but the question of the union of the two
subjects, that Mr. Pinkney of Maryland made his brilliant and
unanswerable argument upon the question of the powers of Congress in
the premises. It differed logically very little from Mr. McLane's
powerful analysis of the subject in the House, but it was elaborated
and embellished as only Mr. Pinkney's beautiful diction could do it.
The gist of the reasoning was, however, contained in a few sentences
which ran as follows: "What, then, is the professed result? To admit a
State into this Union. What is this Union? A confederation of States,
equal {85} in sovereignty, capable of everything which the
Constitution does not forbid, or authorize Congress to forbid. It is
an equal union between parties equally sovereign. They were sovereign,
independent of the Union. The object of the Union was common
protection for the exercise of already existing sovereignty. The
parties gave up a portion of that sovereignty to insure the remainder.
As far as they gave it up by the common compact, they have ceased to
be sovereign. The Union provides the means for securing the residue;
and it is into _that_ Union that a new State is to come. By acceding
to it, the new State is placed on the same footing with the original
States. It accedes for the same purpose, that is, protection for its
unsurrendered sovereignty. If it comes in shorn of its beams, crippled
and disparaged beyond the original States, it is not into the original
Union that it comes. For it is a different sort of Union. The first
was a Union _inter pares_. This is a Union _inter disparates_, between
giants and a dwarf, between power and feebleness, between full
proportioned sovereignties and a miserable image of power--a thing
which that very Union has shrunk and shrivelled from its just size
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