United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
It was confidently hoped and believed that the compromise had solved
the slavery problem, in so far as Congress could solve it. The whole
country breathed more easily and the thoughts of men were turned to
other subjects.
[Sidenote: The revival of the Missouri struggle.]
But the peace proved to be only an armistice. In less than twelve
months the battle was raging again with more than its former fury.
The Missouri convention, which drew up and voted, in the middle of the
year 1820, the organic law for the new Commonwealth, inserted a
paragraph therein which made it the duty of the legislature, proposed
to be established by that law, to enact measures for preventing
mulattoes and free negroes from immigrating into and settling within
the Commonwealth.
[Sidenote: The Missouri constitution in Congress.]
On November 14th, 1820, this instrument was presented to the Senate of
the United States, and on the 16th to the House of Representatives,
for the purpose of moving these bodies to pass an act admitting
Missouri into the Union as a Commonwealth. The instrument was
immediately referred by each House to a committee; and on the 23rd,
Mr. Lowndes, the chairman of the House Committee, {96} reported a bill
for effecting this result, and, on the 29th, Mr. Smith reported a bill
of like tenor to the Senate.
[Sidenote: Mr. Lowndes' bill for the admission of Missouri with the
instrument unchanged.]
Mr. Lowndes' bill was prefaced by a statement of views, which
presented the questions of constitutional interpretation to which the
provision referred to in the Missouri instrument gave rise. He alluded
to the possible repugnance of the provision to that clause in the
Constitution of the United States which guarantees to the citizens of
each Commonwealth all the privileges and immunities of citizens in
every other Commonwealth; but said that the provision in the Missouri
instrument could be interpreted to mean only such mulattoes and free
negroes as were not citizens in any Commonwealth. And he held that,
whether this be the true interpretation or not, the judiciary of the
United States, and not the Congress, should determine the question of
repugnance between the Missouri instrument and the Constitution of the
United States. He finally took the ground that Missouri was now
already a Commonwealth by virtue of the Act of Congress giving her
people permission to form Commonwealth government, and by virtue of
the act of her people in forming a Commonwealth constitution, and he
declared that the refusal or failure of Congress, at this time, to
pass a formal act of admission could not reduce her again to the
Territorial status.
[Sidenote: Serious opposition to the Lowndes bill.]
Public-domain text, read in full here on John Shaqi.
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