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"Studies In American Political History (1897)"

The first section provided
that Missouri should be received into the Union "on an equal footing
with the original States in all respects whatsoever." The last and
eighth section provided that slavery should be "forever prohibited" in
all the territory which had been acquired from France north of 36 deg. 30',
and not included within the limits of the State of Missouri. There
is nothing in the terms of the law that purports to be a compact,
or indicates that it was any thing more than an ordinary act of
legislation. To prove that it was more than it purports to be on its
face, gentlemen must produce other evidence, and prove that there was
such an understanding as to create a moral obligation in the nature of a
compact. Have they shown it?
Now, if this was a compact, let us see how it was entered into. The bill
originated in the House of Representatives, and passed that body without
a Southern vote in its favor. It is proper to remark, however, that it
did not at that time contain the eighth section, prohibiting slavery in
the Territories; but in lieu of it, contained a provision prohibiting
slavery in the proposed State of Missouri. In the Senate, the clause
prohibiting slavery in the State was stricken out, and the eighth
section added to the end of the bill, by the terms of which slavery was
to be forever prohibited in the territory not embraced in the State of
Missouri north of 36 deg.


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