The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-04-11
Missouri C0mpromisc..ImpOrt Letters
frou, Mr.. Madison.

LIE DIack hepuu!iCSli P'PS'S H"'~ >
without number stated that Mr.. Madison had
given it as his opinion that the Missouri
/ COMPROMISE was Constitutional, and that he
w,s in favor of the measure. The following
| extract from letter written by him, Feb.
a3d. 1920, to Mr. Monroe, speaks for itself.
I, viii be seen that he gave his opinion
against II, not only on the grounds of un-
cons.itutionali;y, bot on the grounds Of in
expediency:
MONTPELIER, Feb 90. 1920.
received yours of the 18th on Monday.
The pinch Of the difficulty in the case stated.
seems TO be IN the words " for ever" coupled
with the interdict relating to the territory
north Of latitude SO degrees 80 minutes. If
the necessary import of these words be-, that
they are to operate as a condition on future
States admitted into the Union, and Il. re-
stTiciion On them after admission, thew seem
to encounter, indirectly, the arguments
which prevailed in the Senate for an uncon-
ditional admission of Missouri. ] must con-
clude, therefore, from the assent Of the Senate
to the words, after the strong vote, on CON
stitutiOnal grounds, against the restriction
on Missouri, that there is some other mode
OF explaining them in their actual app.ica-
ton.
Is to the right of Congress to apply such
Z restriction during the territorial period, it
depends on the clause specially providing
for the management of those subordinate
establishments.
( On one side it naturally occurs, that the
right, being given from the necessity of the
case, and III suspension of the great princi-
/ pie of seif-government, ought not to be ex-
tended further, nor continued longer than
the occasion might fairly require.
On the other side, it cannot be denied tina,
the constitutional phrase ito make all rules, .
&c, IS expOunded by uniform practice, is
somewhat of ductilc nature, and leave:
much to legislative discretion.
The questions t. be decided seem to be
!. Whether territorial restriction be ar
assumption of Legitimate power: or.
?. Misuse of legitimate power and if the
latter only, whether the injury threatened
to the nation from an acguiesccnce in the
misuse, or from o Illustration OF il, be the
! greater.
On the first point there is certainly room
for difference Of opinion; though, for my
! self, | must own that have always leaned
/ 10 the belief that the restriction was not
within the true scope of the Constitution.
I On the alternative presented by the second
; point, there can be no room, with the cool
and candid, for blame on those acqu.escing
in a conciliatory course, the demand for
which was deemed urgent, and the course
+ Itself deemed not irrsconciIeable with the
Constitution.
This IS the hasty view | have taken OF
! the subject. | am aware that | may he
suspected Of being influenced by the hadlt
= Of = guarded construction Of constitutional
. powers and ! have certainly felt all the
influence that could justly flow from con
. yictiOn, that an uncontrolled dispersion o!
the slaves now within the United States
was not only best for the nation, but RIOS,
favorable for the slaves also, both as tc
heir prospects Of emancipation, and as L
the!r condition in the mean time"