United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
When the measures were placed before President Monroe for his
approval, he called a meeting of the Cabinet to consider the subject.
There was no difficulty except upon a single point, the prohibition of
slavery in the remainder of the Louisiana territory above thirty-six
degrees and thirty minutes north latitude. Was this to be taken as
prohibiting slavery in the Commonwealths which might be formed upon
this territory in the future, or did the Congress only intend to lay
this restriction upon this territory merely for the period during
which it might continue subject to the exclusive jurisdiction of the
general Government, the period of Territorial organization? If the
former, the Missouri question would have to be fought over again
whenever a new Commonwealth should be formed in this territory. The
Cabinet interpreted the prohibition as applying only during the period
before the Commonwealth organization should be established, and upon
the basis of this interpretation advised the President that the
measure was constitutional. The President signed the Maine bill on the
3rd of March and the Missouri bill on the 6th (1820).
{90} [Sidenote: Review of the points involved in the contest.]
So far as the questions of constitutional and parliamentary law were
concerned, the settlement reached was in accordance with right
principles. It was right that the two subjects, which the Senate
united in one bill, should be separated. The only justification for
this act of the Senate was the manifest determination on the part of
the House to impose an unconstitutional restriction as the condition
upon which the people of Missouri should be allowed to assume the
status and the powers of a Commonwealth of the Union. It was the only
weapon left to the more conservative Senate, by which to defend the
Constitution against the rashness of the more radical House. It need
astonish no impartial student of our history that the Senate used it.
No such momentous question was involved in this point of parliamentary
procedure as there was in the exaggerated interpretation of the powers
of Congress by the House. The Senate showed its willingness to yield
its position upon this point so soon as the House would return to
sound constitutional principle in the Missouri question. It was
fortunate for the development of the parliamentary practice of
Congress that the House so changed its position in reference to the
greater question of constitutional law as to enable the Senate to
return to the true parliamentary principle of the separation of
subjects which differ in essence or in circumstances in the slightest
degree. While, therefore, the Senate should not be too strongly
criticised for using its power over its own rules of procedure, as a
means of retaliation, it is a matter of great satisfaction that
expedients were at last found for maintaining right principle and
sound parliamentary custom in the case. And it was surely right that
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