FREE BOOKS

Author's List




PREV.   NEXT  
|<   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327  
328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   >>   >|  
I deny it, and call for the proof. It is not contended, I believe, that any such command has ever been given in express terms. It is only said that it was done in principle. The support of the Wilmot Proviso is the first fact mentioned to prove that the Missouri restriction was repudiated in principle, and the second is the refusal to extend the Missouri line over the country acquired from Mexico. These are near enough alike to be treated together. The one was to exclude the chances of slavery from the whole new acquisition by the lump, and the other was to reject a division of it, by which one half was to be given up to those chances. Now, whether this was a repudiation of the Missouri line in principle depends upon whether the Missouri law contained any principle requiring the line to be extended over the country acquired from Mexico. I contend it did not. I insist that it contained no general principle, but that it was, in every sense, specific. That its terms limit it to the country purchased from France is undenied and undeniable. It could have no principle beyond the intention of those who made it. They did not intend to extend the line to country which they did not own. If they intended to extend it in the event of acquiring additional territory, why did they not say so? It was just as easy to say that "in all the country west of the Mississippi which we now own, or may hereafter acquire, there shall never be slavery," as to say what they did say; and they would have said it if they had meant it. An intention to extend the law is not only not mentioned in the law, but is not mentioned in any contemporaneous history. Both the law itself, and the history of the times, are a blank as to any principle of extension; and by neither the known rules of construing statutes and contracts, nor by common sense, can any such principle be inferred. Another fact showing the specific character of the Missouri law--showing that it intended no more than it expressed, showing that the line was not intended as a universal dividing line between Free and Slave territory, present and prospective, north of which slavery could never go--is the fact that by that very law Missouri came in as a slave State, north of the line. If that law contained any prospective principle, the whole law must be looked to in order to ascertain what the principle was. And by this rule the South could fairly contend that, inasmuch as they got one slave State
PREV.   NEXT  
|<   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327  
328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   >>   >|  



Top keywords:

principle

 

Missouri

 
country
 

extend

 

mentioned

 
contained
 
intended
 
slavery
 

showing

 

intention


chances
 

contend

 

history

 
specific
 
acquired
 
prospective
 
territory
 

Mexico

 

contemporaneous

 
fairly

Mississippi

 

acquire

 

expressed

 

universal

 

character

 
Another
 

dividing

 

present

 

inferred

 

extension


ascertain

 

construing

 
common
 

contracts

 

statutes

 

looked

 

refusal

 
repudiated
 

restriction

 

acquisition


exclude

 

treated

 

Proviso

 

contended

 

command

 
support
 
Wilmot
 

express

 

reject

 

undeniable