e such admission, and
during their territorial government, that they should be maintained and
protected by Congress in the enjoyment of their liberty, property, and
religion. The first clause of this stipulation will be executed by the
admission of Missouri as a new State into the Union, as such admission
will impart to the inhabitants of Missouri "all the rights, advantages,
and immunities" which citizens of the United States derive from the
Constitution thereof; these rights may be denominated Federal rights,
are uniform throughout the Union, and are common to all its citizens:
but the rights derived from the Constitution and laws of the States,
which may be denominated State rights, in many particulars differ
from each other. Thus, while the Federal rights of the citizens
of Massachusetts and Virginia are the same, their State rights are
dissimilar and different, slavery being forbidden in one, and permitted
in the other State. This difference arises out of the Constitutions
and laws of the two States, in the same manner as the difference in the
rights of the citizens of these States to vote for representatives
in Congress arises out of the State laws and Constitution. In
Massachusetts, every person of lawful age, and possessing property
of any sort, of the value of two hundred dollars, may vote for
representatives to Congress. In Virginia, no person can vote for
representatives to Congress, unless he be a freeholder. As the admission
of a new State into the Union confers upon its citizens only the rights
denominated Federal, and as these are common to the citizens of all the
States, as well of those in which slavery is prohibited, as of those
in which it is allowed, it follows that the prohibition of slavery in
Missouri will not impair the Federal rights of its citizens, and that
such prohibition is not sustained by the clause of the treaty which has
been cited.

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
tempor