United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
It is necessary to keep clearly in mind the cause of the division of
the Republican party into its two branches in order to understand the
principles which distinguished them, for their names are somewhat
misleading. For example, it is quite difficult to understand, upon
general principles, why the slaveholders of the South should be called
Democrats, while many of the little farmers and the artisans of the
North should be called Whigs. The element of democracy which was to be
found in the political creed of the Southern masters was strict
construction of governmental powers, the least possible interference
of government in private affairs, and the largest possible individual
autonomy--in a word, individual immunity against government. The
master could take care of himself, if left free to rule his slaves.
In the second place, the Missouri decision involved the principle of
constitutional law that the Congress has general powers of legislation
in the Territories, and may do anything therein not forbidden by the
Constitution. This is also a sound and valuable principle. It was this
which won the great Northwest for free labor, so far as government
could affect the question, and gave the Union the strength to meet the
crisis of 1861-65. The Southerners eventually saw what they had lost
in conceding this interpretation of the powers of Congress, and, as
will be seen further on, sought to repudiate it; but their long
acquiescence in it had allowed it to gain the power of constitutional
precedent, too strong to be successfully overcome.
{105} In the third place, the Missouri decision involved the principle
that there was, before the Fourteenth Amendment was adopted, an United
States citizenship which carried with it immunities and privileges
which no Commonwealth could lawfully deny or abridge, and which the
United States Government was bound to protect and defend against any
Commonwealth seeking to impair them. It demonstrated the difficulties
which could arise by allowing a Commonwealth to confer United States
citizenship, and thereby bind the United States Government to sustain
the acts of one Commonwealth within the jurisdiction of another
Commonwealth, whose laws might be directly contradictory to those of
the first Commonwealth upon the subject in point. It did not undertake
to solve the difficulty. It only held firmly to the principle, while
it made many of the best minds aware that this most national provision
of the Constitution would, sooner or later, certainly require an
advance all along the line in the further development of the
governmental system of the country.
Public-domain text, read in full here on John Shaqi.
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