United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
This is the old-fashioned political and rhetorical way of saying what
the modern publicist would state in such language as this: In a
federal system of government, all powers are distributed by the state,
the nation, the ultimate sovereignty, through the Constitution,
between the central Government and the Commonwealths. The assumption
by the central Government of the authority to redistribute these
powers in a different manner, in any {87} given case, is an assumption
of sovereignty, the Constitution-making power, and the possession of
any such power by the central Government makes a federal system of
government impossible. It makes the Commonwealths only creatures and
agencies of the central Government. It changes the whole system from
federal government to centralized government. In the federal system of
government as it existed, in 1820, in the United States, the
determination of the question whether slavery should exist or not in
any Commonwealth was reserved through the Constitution to each
Commonwealth for itself, since this power was neither vested in the
central Government nor denied to the Commonwealths. If Congress could
assume this power, it could assume any and every other power and right
which the Commonwealths possessed. Such authority in the central
Government would destroy in principle the federal system, at once, and
make the government a centralized form.
[Sidenote: Pinkney's argument successful.]
There was nobody in the Senate who did, or could, answer this
argument. The amendments proposed after this to the bill as reported
from the Judiciary committee contained no further restrictions upon
the Commonwealth powers of Missouri, but had reference only to what
remained of the Louisiana territory north and west of the boundaries
of the proposed Commonwealth.
[Sidenote: The adoption of Mr. Thomas' amendment by the Senate, and
the passage of the Maine-Missouri bill thus amended.]
The formal vote connecting the two subjects of Maine and Missouri was
taken in the Senate on February 16th, and after this was resolved
upon, Mr. Thomas immediately renewed his motion to amend the bill by
the addition of a clause prohibiting slavery in the Louisiana
territory above thirty-six degrees and thirty minutes, outside of the
boundaries of the proposed Commonwealth of Missouri. After an attempt,
on the {88} one side, to carry this line up to the fortieth parallel,
and a counter attempt on the other to make the prohibition extend to
all the territory west of the Mississippi, except that already under
Commonwealth government, or in process of being put under Commonwealth
government by the existing bill--the result of which would have been
the prohibition of slavery in the just organized Territory of
Arkansas--Mr. Thomas' amendment was adopted as the fair compromise.
The bill, as thus amended, passed the Senate on February 18th, 1820,
and was sent immediately to the House of Representatives.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account