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Fiske, John, 1842-1901

"Volume 4, part 3: James Knox Polk"

The whole
people of the United States, and of every State, contributed to defray
the expenses of that war, and it would not be just for any one section
to exclude another from all participation in the acquired territory.
This would not be in consonance with the just system of government which
the framers of the Constitution adopted.
The question is believed to be rather abstract than practical, whether
slavery ever can or would exist in any portion of the acquired territory
even if it were left to the option of the slaveholding States
themselves. From the nature of the climate and productions in much the
larger portion of it it is certain it could never exist, and in the
remainder the probabilities are it would not. But however this may be,
the question, involving, as it does, a principle of equality of rights
of the separate and several States as equal copartners in the
Confederacy, should not be disregarded.
In organizing governments over these territories no duty imposed on
Congress by the Constitution requires that they should legislate on the
subject of slavery, while their power to do so is not only seriously
questioned, but denied by many of the soundest expounders of that
instrument.


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