| Mr. Taylor's amendment to the bill. |
Whereupon Mr. Taylor moved that the people of Missouri should be required to ordain and establish in their constitution the prohibition of slavery and involuntary servitude, except as a punishment for crime, in the proposed Commonwealth. Conceding, as the result of the discussions, and the action of the Congress during the preceding session, that Congress had no constitutional authority to impose restrictions upon new Commonwealths, as the condition of their admission into the Union, which the Constitution did not impose upon the original Commonwealths, the new question involved in Mr. Taylor's motion, from the point of view of constitutional law, now was, whether Congress could require of a new Commonwealth, as the condition of its admission to the Union, that it should impose any limitations upon itself which the Constitution of the United States did not impose upon the original Commonwealths. Could Congress effect indirectly what it could not do directly?
| Mr. Taylor's argument in support of his amendment. |
Mr. Taylor's argument rested substantially upon the proposition, upheld by the restrictionists during the preceding session, that if Congress could admit, it could refuse to admit, and if it could admit or refuse to admit, it could admit upon conditions. He, however, advanced other propositions and suggestions. He held that the admission of a new Commonwealth into the Union was a procedure in the nature of a contract between the United States Government and the people of the new Commonwealth, and, therefore, admitted of any terms accepted by both parties. He further held that the provision of the Constitution, which impliedly vested in Congress the power to prohibit, after 1808, the importation or migration of slaves, covered the case, in that the word migration meant passage from one Commonwealth into another, in distinction from importation, which meant the bringing of slaves into the United States from foreign countries. And he suggested that territory acquired by the United States subsequent to the formation of the Constitution need not be treated with the same consideration, as to the rights of its inhabitants, as that which belonged to the United States at the time of the formation of the Constitution.
| Replies to Mr. Taylor's reasoning. |
Of course the members from the South resisted Mr. Taylor's conclusions. But they were not alone in their position. Some of the strongest opponents of slavery from the North stood up with them in resisting what they considered to be an attack upon the principle of federal government. Mr. Holmes, of Massachusetts, was again chief among them, and it is to his argument that one must look for the most scientific and unprejudiced view of the subject.
| Mr. Holmes' argument against the amendment. |
After demonstrating most convincingly that the clauses of the Constitution which vested in Congress the power to prohibit the migration of persons into the United States after 1808 and to regulate commerce between the Commonwealths could not be interpreted as giving Congress the power to prevent the transportation of slaves from one Commonwealth into another, Mr. Holmes attacked the fundamental proposition upon which Mr. Taylor relied, the proposition that if Congress could admit, it could refuse to admit, and if it could admit or refuse to admit at pleasure, it could admit upon conditions. Mr. Holmes contended that the power to determine whether slavery should exist or not in any community was possessed by each Colony before the Revolution, and by each "State" after the Revolution, and that the Constitution of 1787 had not deprived the "States" of it, but had recognized it as belonging to each of them exclusively; that new "States" admitted by Congress into the Union must have all the rights, and be subject to all the duties, which the original "States" possessed, on the one side, and were obligated to discharge, on the other; that Congress could not increase the powers of the general Government within the new Commonwealths by selling the Territories a license to the Commonwealth status, and taking the pay for it in powers to be exercised by the general Government in the new Commonwealths, which that Government could not, by the Constitution, exercise within the original Commonwealths; and that if Congress assumed to exercise such power, and the people of the Territory seeking the Commonwealth status should even accept the imposed condition, the new Commonwealth had the right and the power to free itself from the condition, and the Congress was powerless to prevent it.
| Mr. McLane's argument against the amendment. |