The Constitutional And Political History of the United States volume 4
The Constitutional And Political History of the United States volume 4
H Hermann Von Holst
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. . . Wh5 does not see that that Badger amendment abolishes slavery in these territories as effectually as did the compromise act of 1820, and that if the act of 1820 was unconstitutional, this bill must be unconstitutional for the same reason; for there is intervention by congress in both cases, and exactly to the same extent. The act of 1820 prohibited slavery north of 36° 30', where it was formerly allowed by law and treaty ; and the act of 1854, if this bill becomes a law, after repealing t...he act of 1820, proceeds to abolish slavery in the same territory. It is true that the bill provides that the question whether slavery shall hereafter be established in this territory shall be decided by the future inhabit- ants of the territories, but the Badger amendment takes away all pro- tection to the jDroperty of the citizens of the south emigrating with their slaves to this territory, by nullifying the treat}- and laws which, after the repeal of the Missouri compromise, would have been in force, and would have protected slave property.
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