The whole question assumed a new guise when Congress met in December,
1820. The people of Maine had held a convention and formed a
constitution, and were now applying for admission as a State. Here was a
free State which would offset Missouri if it were admitted as a slave
State. When the House passed a bill to admit Maine, the Senate promptly
attached to it, as a "rider," a bill for the admission of Missouri
without any prohibition of slavery. It was to this bill that Senator
Thomas, of Illinois, representing a constituency divided against itself
on the subject of slavery, offered an amendment in the nature of a
compromise. He would admit Missouri as a slave State, but prohibit
slavery forever in the rest of the old Province of Louisiana north of
36 deg. 30'. The Senate accepted this amendment and sent the bill to the
House. Here the original Maine Bill was stripped of the rider and the
Thomas amendment by large majorities. Shortly after this vigorous
assertion of independence, the House passed a bill for the admission of
Missouri with the prohibition of slavery. The deadlock seemed complete.
The constitutional aspects of the problem called forth some exceedingly
able argumentation. Those who favored imposing a restriction upon
Missouri argued, plausibly enough, that as Congress was given the power
to admit new States, so it was fully warranted in exercising discretion
and refusing to admit. Precedents existed for imposing restrictions.
Three States carved out of the Northwest Territory had been admitted on
condition that their constitutions should not be repugnant to the sixth
article of the Ordinance of 1787. The State of Louisiana had been
admitted under explicit conditions. It was fully competent for Congress,
by virtue of its authority over Territories, to regulate all the stages
in the process of framing a constitution, and then to give or to
withhold its approval.
The most brilliant argument on the other side was made by William
Pinkney, of Maryland. Conceding that the power of Congress was
discretionary, he insisted that Congress might not exact terms which
would interfere with the results to be accomplished. "What, then," he
asked, "is the professed result? To admit a State into this Union. What
is that Union?... An equal Union between parties equally sovereign....
It is into that Union that a new State is to come. By acceding to it
the new State is placed on the same footing with the original States....
If it comes in shorn of its beams--crippled and disparaged beyond the
original States--it is not into the original Union that it comes.... The
first was a Union _inter pares_; this is a Union between _disparates_,
between giants and a dwarf, between power and feebleness, between full
proportioned sovereignties and a miserable image of power."
Public-domain text, read in full here on John Shaqi.
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