A Memoir of Benjamin Robbins Curtis, Ll.D., With Some of His Professional And Miscellaneous Writings

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To convert this temporary stipulation of the treaty, in behalf of French subjects who then inhabited a small por- tion of Louisiana, into a permanent restriction upon the power of Congress to regulate territory then uninhabited, and to assert that it not only restrains Congress from affect- ing the rights of property of the then inhabitants, but ena- bled them and all other citizens of the United States to go into any part of the ceded Territory with their slaves, and hold them there, is a cons
...truction of this treaty so opposed to its natural meaning, and so far beyond its subject-matter and the evident design of the parties, that I cannot assent to it. In my opinion, this treaty has no bearing on the present question.
For these reasons, I am of opinion that so much of the several acts of Congress as prohibited slavery and involun- tary servitude within that part of the Territory of Wiscon- sin lying north of thirty-six degrees thirty minutes north latitude, and west of the river Mississippi, were constitu- tional and valid laws.


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