Presidents -- United States -- Messages; United States -- Politics and government -- Sources
In this connection it should not be forgotten that when France, of her own
accord, resolved, for considerations of the most farsighted sagacity, to
cede Louisiana to the United States, and that accession was accepted by the
United States, the latter expressly engaged that "the inhabitants of the
ceded territory shall be incorporated in the Union of the United States and
admitted as soon as possible, according to the principles of the Federal
Constitution, to the enjoyment of all the rights, advantages, and
immunities of citizens of the United States; and in the meantime they shall
be maintained and protected in the free enjoyment of their liberty,
property, and the religion which they profess;" that is to say, while it
remains in a Territorial condition its inhabitants are maintained and
protected in the free enjoyment of their liberty and property, with a right
then to pass into the condition of States on a footing of perfect equality
with the original States.
The enactment which established the restrictive geographical line was
acquiesced in rather than approved by the States of the Union. It stood on
the statute book, however, for a number of years; and the people of the
respective States acquiesced in the reenactment of the principle as applied
to the State of Texas, and it was proposed to acquiesce in its further
application to the territory acquired by the United States from Mexico. But
this proposition was successfully resisted by the representatives from the
Northern States, who, regardless of the statute line, insisted upon
applying restriction to the new territory generally, whether lying north or
south of it, thereby repealing it as a legislative compromise, and, on the
part of the North, persistently violating the compact, if compact there
was.
Thereupon this enactment ceased to have binding virtue in any sense,
whether as respects the North or the South, and so in effect it was treated
on the occasion of the admission of the State of California and the
organization of the Territories of New Mexico, Utah, and Washington.
Such was the state of this question when the time arrived for the
organization of the Territories of Kansas and Nebraska. In the progress of
constitutional inquiry and reflection it had now at length come to be seen
clearly that Congress does not possess constitutional power to impose
restrictions of this character upon any present or future State of the
Union. In a long series of decisions, on the fullest argument and after the
most deliberate consideration, the Supreme Court of the United States had
finally determined this point in every form under which the question could
arise, whether as affecting public or private rights--in questions of the
public domain, of religion, of navigation, and of servitude.
Public-domain text, read in full here on John Shaqi.
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