In his opinion, the term PROPERTY did not describe slaves,
inasmuch as the terms of the treaty should be construed according to
diplomatic usage, and not all nations permitted slavery. In any
case, property acquired since the territory was occupied by the
United States was not included in the treaty, and, therefore, the
prohibition of the future introduction of slaves into Missouri would
not affect its guarantees.
Could Missouri, after admission, revoke the consent to the exclusion
of slavery under its powers as a sovereign state? Such action, King
declared, would be contrary to the obligations of good faith, for
even sovereigns were bound by their engagements. Moreover, the
judicial power of the United States would deliver from bondage any
person detained as a slave in a state which had agreed, as a
condition of admission, that slavery should be excluded.
Having thus set forth the constitutional principles, King next took
up the expediency of the exclusion of slavery from new states.
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