United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The Union consisted of Commonwealths, in all of which slavery existed
at the time of and during the War for Independence, in almost all of
which it existed when the Constitution of 1787 was framed and adopted,
and in about half of which it existed, as the most important
institution, at the period of the Missouri controversy. Further, it
can hardly be denied that the Constitution contained recognition and
guarantees of slave property. {94} The vague phrases of the
Declaration of Independence, even if intended to touch the relation of
master and slave within the country, were not law. It is true that
slavery was regarded both in the North and in the South as an evil,
but men differed in opinion as to whether confining the slaves to a
particular section was a better means for its mitigation than
spreading them over a larger area, and reducing thus their number
relative to the white population in any particular section.
Surrounded in thought with the ideas and conditions of 1820, it is
difficult to see why the balance of advantage contained in the
compromise provision of the Missouri bill did not lie with the North.
Compromise or no compromise about the remainder of the Louisiana
territory, Missouri was bound to be admitted without restriction as to
slavery. The customary law of the region seeking to become a
Commonwealth permitted slaveholding. The population was sufficient to
warrant the assumption of Commonwealth powers. The Constitution did
not authorize Congress to impose the slavery restriction, and the
people of the region had protested against it. The admission of
Missouri was, therefore, no legitimate element in the compromise.
Neither was the agreement on the part of the Senate to separate Maine
from Missouri any proper element in the compromise. The restriction
placed by the House on Missouri rested on a false interpretation of
constitutional law, and the connection of the two subjects in the same
bill rested on a false interpretation of parliamentary law. In
principle both had to be abandoned. The compromise was in reality only
about the remainder of the Louisiana territory after the admission of
Missouri, in no part of which had slavery, to that moment, been
prohibited. How much of it should continue open to the further
introduction of slavery by the immigration of {95} masters with their
slaves, and how much should be given over to practically exclusive
immigration from the North--these were the only proper terms of the
compromise. What the South finally obtained out of it was one
Commonwealth, while the vast region from which slavery was excluded
has produced eight or nine Commonwealths. In the light of these
considerations it certainly appears that the cause of free labor won a
substantial triumph in the Missouri compromise, and that, in place of
that shameful surrender of freedom to slavery, so emphasized by
certain historians, a mighty step forward in the progress of liberty
was taken.
Public-domain text, read in full here on John Shaqi.
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