United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
They held this ground under enormous strain and pressure brought from
without. Cross-roads assemblies, town and city meetings, and
Commonwealth legislatures poured petitions and memorials in upon them
in behalf of slavery restriction. The excitement, throughout the
Northeast especially, was intense. They had to fight their battle
under an ignoble issue. But it will not be denied by any impartial
constitutional lawyer that they were, for this time, the upholders of
the Constitution against an unwarranted attempt to stretch
Congressional power.
Finally, the compromise provision, drawing the line of thirty-six
degrees and thirty minutes through the Louisiana territory, and
securing all north of it, which was by far the greater part, against
the introduction of slavery during the period that it might remain
under the exclusive jurisdiction of the general Government, was {93}
tantamount to a surrender, forever, of this vast domain to immigration
from the North almost exclusively, and to the creation therein of new
Commonwealths into which slaveholders could not take their slave
property. Many American historians treat the express exclusion of
slavery north of this line as no concession to the North, but as a
mask under which the real concession, the concession to the South, was
hidden. This they claim to have been the implied concession to hold
slaves south of that line. But slavery was legal by custom in the
whole of the province of Louisiana, when the United States received it
from France. That is, a master might have taken slaves into any part
of it, into which he might have gone himself, and would not thereby
have violated any law, and the United States Government had not, down
to 1820, changed this state of things by any act of its own.
The compromise upon the line of thirty-six degrees and thirty minutes
was, therefore, a very decided limitation upon the existing rights of
slave-masters. And even if slavery had not already penetrated into
this region, it can hardly be claimed that the balance of advantage
created by the compromise provision lay with the South, except upon
the principle that the South ought not to have had anything, and the
North ought to have had everything. Ethically, perhaps, this is the
correct principle from which to judge the question, but politically
and legally it was not, at that moment.
Public-domain text, read in full here on John Shaqi.
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