If it be assumed that the absence of a prohibition was equivalent to the
admission of the power in the Congress of the Confederation, the
assumption would avail nothing in the Congress under the Constitution,
where power is expressly limited to what had been delegated. More
briefly, it may be stated that the Congress of the Confederation could,
like the Legislature of a State, do what had not been prohibited; but
the Congress of the United States could only do what had been expressly
permitted. It is submitted whether this last position is not conclusive
against the possession of power by the United States Congress to
legislate slavery into or exclude it from Territories belonging to the
United States.
This subject, which had for more than a quarter of a century been one of
angry discussion and sectional strife, was revived, and found occasion
for renewed discussion in the organization of Territorial governments
for Kansas and Nebraska. The Committees on Territories of the two Houses
agreed to report a bill in accordance with that recognized principle,
provided they could first be assured that it would receive favorable
consideration from the President. This agreement was made on Saturday,
and the ensuing Monday was the day (and the only day for two weeks) on
which, according to the order of business established by the rules of
the House of Representatives, the bill could be introduced by the
Committee of that House.
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