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Sparks, Edwin Erle, 1860-1924

"The United States of America, Part 1"

Occasional pleas were heard for "the old
Republican doctrine which limited the general government to the
expressed powers and prevented it from encroaching on the young states
or on the free movement of personal property." Various phrases in the
Constitution were quoted both to prove and disprove the power of
Congress to prohibit slavery in a new State. "The citizens of each
state shall be entitled to all privileges and immunities of citizens
in the several states," it was claimed, would permit the migration of
slaveholders to Missouri with their property. "The migration or
importation of such persons as any of the states now existing shall
think proper to admit shall not be prohibited by the Congress prior
to 1808," was said to permit, conversely, such prohibition after that
date. The other side claimed that the clause was intended to refer
solely to slaves imported into the United States and not to interstate
migration. Under the clause that the Congress shall guarantee a
republican form of government to every State, the Declaration of
Independence was quoted to prove that freedom is the natural condition
of a republic and that slaves were held only pending their emancipation.


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