Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
_First_, a _fac simile_ copy of an original paper in Mr. Monroe's
handwriting, found among his manuscripts, dated March 4, 1820 (two
days before the approval of the Missouri compromise act), and
indorsed: "Interrogatories--Missouri--to the Heads of Departments
and the Attorney-General;" and containing within two questions:
"1. Has Congress a right, under the powers vested in it by the
constitution, to make a regulation prohibiting slavery in a
territory? 2. Is the 8th section of the act which passed both Houses
of Congress on the 3d instant for the admission of Missouri into
the Union, consistent with the constitution?" _Secondly_, the draft
of an original letter in Mr. Monroe's handwriting, but without
signature, date, or address, but believed to have been addressed
to General Jackson, in which he says: "The question which lately
agitated Congress and the public has been settled, as you have
seen, by the passage of an act for the admission of Missouri as a
State, unrestricted, and Arkansas, also, when it reaches maturity;
and the establishment of the parallel of 36 degrees 30 minutes as a
line north of which slavery is prohibited, and permitted south of
it. I took the opinion, in writing, of the administration as to the
constitutionality of restraining territories, which was explicit
in favor of it, and, as it was, that the 8th section of the act
was applicable to territories only, and not to States when they
should be admitted into the Union." _Thirdly_, an extract from
the diary of Mr. John Quincy Adams, under date of the 3d of March,
1820, stating that the President on that day assembled his cabinet
to ask their opinions on the two questions mentioned--which the
whole cabinet immediately answered unanimously, and affirmatively;
that on the 5th he sent the questions in writing to the members
of his cabinet, to receive their written answers, to be filed
in the department of State; and that on the 6th he took his own
answer to the President, to be filed with the rest--all agreeing
in the affirmative, and only differing some in assigning, others
not assigning reasons for his opinion. The diary states that the
President signed his approval of the Missouri act on the 6th (which
the act shows he did), and requested Mr. Adams to have all the
opinions filed in the department of State.
Public-domain text, read in full here on John Shaqi.
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