| 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.'"
| The Senate bill tabled by the House. |
The House tabled this bill on the same day that it rejected the measure offered by its own committee. But what now was the status of Missouri? Her people had elected a governor and members of the legislature under the organic law formed in July, and it was considered doubtful whether there still existed any Territorial officials exercising governmental powers. The House, however, would not even inquire into this fact. They said the question before them was one of law and not of fact at all.
| Mr. Clay and the second Missouri Compromise. |
After some futile attempts made by Mr. Eustis, of Massachusetts, for the admission of Missouri upon a future day, provided the obnoxious clause should be expunged from her organic law before that day, Mr. Clay came forward and assumed the management of the question.
On January 29th, 1821, he asked the House to go into committee of the Whole to consider the Senate bill admitting Missouri. This proposition was naturally agreed to, and, after several unsuccessful attempts made by others at an immediate amendment of the Senate bill in the committee of the Whole House, Mr. Clay moved the reference of the bill to a select committee of thirteen persons. This motion was passed, and the committee was chosen, with Mr. Clay as its chairman.
On February 10th, 1821, Mr. Clay reported the recommendations of the committee. They were expressed in the proposition: That Missouri should be "admitted into this Union on an equal footing with the original States, in all respects whatever, upon the fundamental condition that the said State shall never pass any law preventing any description of persons from coming to and settling in the said State, who may now be or hereafter become citizens of any of the States of this Union; and provided also, that the legislature of the said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday of November next, an authentic copy of the said act: upon the reception whereof, the President, by proclamation, shall announce the fact: whereupon, and without any further proceedings on the part of Congress, the admission of the said State shall be considered as complete: and provided further, that nothing herein contained shall be construed to take from the said State of Missouri, when admitted into this Union, the exercise of any right or power, which can now be constitutionally exercised by any of the original States."