United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Notwithstanding all this, however, the slavery interest was steadily
waxing in influence and power throughout this period. First of all the
existence and the extension of slavery in the vast territory purchased
from France was secured. The custom of slave-holding had been
introduced into this territory by the French and Spanish immigrants,
while it was in the possession of France and Spain, before the year
1800. In that year Spain, as we have seen, receded it to France. Nine
years before this date, slavery had been abolished in France by the
National Assembly. It is certainly a question, then, whether the
re-establishment of French supremacy over Louisiana in 1800 did not
produce the abolition of slavery there. It will be remembered that
France was at that moment subject to the consular government of
Bonaparte, and that the Consul was not an enthusiast for the
revolutionary ideals. He did not disturb the custom of slave-holding
{55} in Louisiana, and when he ceded this vast territory to the United
States, in 1803, the custom existed in all its inhabited parts. The
Treaty of cession contained a provision which pledged the Government
of the United States to uphold the rights of property of the
inhabitants of the province. It can be fairly said, therefore, that
the United States Government obligated itself to France to maintain
slavery within the territory ceded until it should be erected into a
Commonwealth, or into Commonwealths, of the Union.
The United States Government might have violated the Treaty, if it had
chosen to do so, and the question then raised would have been one of a
purely diplomatic or international character. There would have been no
question of constitutional power involved. The act of the United
States Government breaking the Treaty would have been the law of the
land for the inhabitants of this territory.
Public-domain text, read in full here on John Shaqi.
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