As all nations do not permit slavery, the term property, in its common
and universal meaning, does not include or describe slaves. In treaties,
therefore, between nations, and especially in those of the United
States, whenever stipulations respecting slaves were to be made, the
word "negroes," or "slaves," have been employed, and the omission of
these words in this clause, increases the uncertainty whether, by the
term property, slaves were intended to be included. But admitting that
such was the intention of the parties, the stipulation is not only
temporary, but extends no further than to the property actually
possessed by the inhabitants of Missouri, when it was first occupied
by the United States. Property since acquired by them, and property
acquired or possessed by the new inhabitants of Missouri, has in each
case been acquired under the laws of the United States, and not during
and under the laws of the province of Louisiana. Should, therefore, the
future introduction of slaves into Missouri be forbidden, the feelings
of the citizens would soon become reconciled to their exclusion, and the
inconsiderable number of slaves owned by the inhabitants at the date
of the cession of Louisiana, would be emancipated or sent for sale into
States where slavery exists.
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