A hundredfold, sir, has the Government of the United States been reimbursed by the sales of public property, of public lands, for the price of the acquisition; but not with the fidelity of the honest trustee has it discharged the obligations as regards the sovereignty.
I have said that the government assumed to act as trustee or guardian of the people of the ceded province, and covenanted to transfer to them the sovereignty thus held in trust for their use and benefit, as soon as they were capable of exercising it. What is the express language of the treaty?
“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 enjoyments of all rights, advantages, and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the enjoyment of their liberty, property, and the religion which they profess.”
And, sir, as if to mark the true nature of the cession in a manner too significant to admit of misconstruction, the treaty stipulates no price; and the sole consideration for the conveyance, as stated on its face, is the desire to afford a strong proof of the friendship of France for the United States. By the terms of a separate convention stipulating the payment of a sum of money, the precaution is again observed of stating that the payment is to be made, not as a consideration or a price or a condition precedent of the cession, but it is carefully distinguished as being a consequence of the cession. It was by words thus studiously chosen, sir, that James Monroe and Thomas Jefferson marked their understanding of a contract now misconstrued as being a bargain and sale of sovereignty over freemen. With what indignant scorn would those stanch advocates of the inherent right of self-government have repudiated the slavish doctrine now deduced from their action!
How were the obligations of this treaty fulfilled? That Louisiana at that date contained slaves held as property by her people through the whole length of the Mississippi Valley, that those people had an unrestricted right of settlement with their slaves under legal protection throughout the entire ceded province, no man has ever yet had the hardihood to deny. Here is a treaty promise to protect their property—their slave property—in that Territory, before it should become a State. That this promise was openly violated, in the adjustment forced upon the South at the time of the admission of Missouri, is a matter of recorded history. The perspicuous and unanswerable exposition of Mr. Justice Catron, in the opinion delivered by him in the Dred Scott case, will remain through all time as an ample vindication of this assertion.