United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
On the other hand, when a citizen of one Commonwealth immigrated into
and settled in another, it was a question whether he did not lose the
right to be treated as a citizen in the latter Commonwealth, in so far
as the Constitution of the United States, as it was in 1820, was
concerned, and become subject to the laws of the latter Commonwealth
as to his status. If he were only passing through, or sojourning
temporarily in, the latter Commonwealth, it was clear that the
Constitution of the United States protected him as a citizen of
another Commonwealth, but when he changed his residence and
citizenship to the latter Commonwealth, the question became much more
complicated. It was now whether the laws of one Commonwealth were, by
virtue of the Constitution of the United States, valid in another
Commonwealth for the protection of persons against the laws of the
latter Commonwealth, who had become citizens and residents of the
latter Commonwealth.
It must be remembered, however, that the immediate question involved
in the provision of the Missouri instrument was whether a Commonwealth
could prohibit the citizens of other Commonwealths from immigrating
{99} into, and gaining residence and citizenship within, itself. How
it might treat such persons after these things had been accomplished
was a subsequent matter. But even limiting the question to this point,
it was certainly a startling thing to the Southerners to be told that,
by virtue of the Constitution of the United States, a negro citizen of
Massachusetts had the right to immigrate into, and become a citizen
of, South Carolina, when the laws of South Carolina did not admit
negroes to citizenship.
[Sidenote: Defeat of the Lowndes bill in the House.]
On December 13th (1820), after a long, earnest, and, at times,
acrimonious debate, the Lowndes measure for the admission of Missouri
was defeated by a vote of ninety-three to seventy-nine.
[Sidenote: Passage of the Senate bill with a proviso by the Senate.]
The bill presented by Mr. Smith in the Senate was taken up for
consideration on December 4th. The arguments pro and con were about
the same as those offered in the House, but the bitterness of feeling
which seemed to animate the members of the opposition to the measure
in the House was not manifested by those adverse to it in the Senate.
Nevertheless, there was a majority in the Senate against passing a
simple measure for admission without any limitations. They finally
voted the bill, with the proviso attached: "That nothing herein
contained shall be so construed as to give the assent of Congress to
any provision in the constitution of Missouri, if any such there be,
which contravenes that clause in the Constitution of the United States
which declares that 'the citizens of each State shall be entitled to
all the privileges and immunities of citizens in the several States.'"
[Sidenote: The Senate bill tabled by the House.]
Public-domain text, read in full here on John Shaqi.
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